Part A: Criminal Sentences and Collateral Consequences In Chapter 2, the main corruption offences—both domestic and foreign—are described and the maximum punishment for trial offences is set out. In this section, the sentencing principles which guide the selection of an appropriate sentence in individual cases are briefly described, and the actual sentences imposed in some corruption cases are provided as illustrations of how those sentencing principles are applied in practice. UNCAC UNCAC has very little in the way of requirements or specific guidance for sanctions and sentencing in corruption cases and does not set out any minimum or maximum sentences for corruption offences. Some guidance is provided in the following Articles: Article 12(1) provides that State Party shall take measures, in “each accordance with its domestic law to provide effective, proportionate … … and dissuasive civil, administrative or criminal penalties” for violation of corruption prevention standards and offences involving the private sector. Article 30(1) provides that State Party shall make the commission of “each [corruption] offences liable to sanctions that take into account the … gravity of that offence.” Article 30(7) indicates that State Parties should consider disqualification of persons convicted of corruption from holding public office for a period of time. Article 37(2) provides that State Parties shall consider mitigation of punishment (or immunity from prosecution under Article 37(3)) for accused persons who provide cooperation” in the “substantial investigation or prosecution of corruption offences. Article 30(10) indicates that State Parties shall endeavor to promote the reintegration into society of persons convicted of corruption. OECD The OECD Convention also has very few provisions on sanctions and sentencing for corruption of foreign public officials. Article 3 of the OECD Convention, which is entitled provides in paragraph 1 that bribery of foreign officials be punishable “Sanctions,” “shall
Part A: Criminal Sentences and Collateral Consequences In Chapter 2, the main corruption offences—both domestic and foreign—are described and the maximum punishment for offences is set out. In this section, the sentencing principles which guide the selection of an appropriate sentence in individual cases are briefly described, and the actual sentences imposed in some corruption cases are provided as illustrations of how those sentencing principles are applied in practice. UNCAC UNCAC has very little in the way of requirements or specific guidance for sanctions and sentencing in corruption cases and does not set out any minimum or maximum sentences for corruption offences. Some guidance is provided in the following Articles: Article 12(1) provides that “each State Party shall take measures, in accordance with … its domestic law … to provide effective, proportionate and dissuasive civil, administrative or criminal penalties” for violation of corruption prevention standards and offences involving the private sector. Article 30(1) provides that “each State Party shall make the commission of [corruption] offences … liable to sanctions that take into account the gravity of that offence.” Article 30(7) indicates that State Parties should consider disqualification of persons convicted of corruption from holding public office for a period of time. Article 37(2) provides that State Parties shall consider mitigation of punishment (or immunity from prosecution under Article 37(3)) for accused persons who provide “substantial cooperation” in the investigation or prosecution of corruption offences. Article 30(10) indicates that State Parties shall endeavor to promote the reintegration into society of persons convicted of corruption. OECD The OECD Convention also has very few provisions on sanctions and sentencing for corruption of foreign public officials. Article 3 of the OECD Convention, which is entitled “Sanctions,” provides in paragraph 1 that bribery of foreign officials “shall be punishable trial
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