Post on 04-Jul-2015
description
Corruption Offenses in
Solomon IslandsBrian Pinkowski, J.D.
Main Points
• Anti-corruption - generally.
• Criminal law in anti-corruption.
• Corruption offenses.
General Anti-Corruption
Anti-Corruption
Failed Nations
• Aragon
• Austro-Hungarian Empire
• Aztec Empire
• Belgian Congo
• Bohemia
• British Honduras
• British India
• Byzantine Empire
• Castille
• Central African Empire
• Ceylon
• Confederate States of America
• Czechoslovakia
• Democratic Kampuchea
• Dutch East Indies
• East Germany
• Empire of Japan
• French Indochina
• Gran Colombia
• Hesse
• Holy Roman Empire
• Incan Empire
• Khmer Republic
• Malaya
• Manchukuo
• Mayan Empire
• Mesopotamia
• New Spain
• North Vietnam
• Ottoman Empire
• Palestine
• Persia
• Prussia
• Republic of Texas
• Rhodesia
• Roman Empire
• Roman Kingdom
• Roman Republic
• Russian Empire
• Siam
• South Vietnam
• Sumeria
• Tibet
• Transjordan
• Soviet Socialist Republics
• West Germany
• Yugoslavia
• Zaire
Anti-Corruption
• Power outages caused the corruption of the computer
files.
• The earth was corrupt before God, and the earth was
filled with violence.
• He seeing this before spake of the resurrection of Christ,
that his soul was not left in hell, neither his flesh did see
corruption. (Acts 2:31)
• Constant criticism caused the corruption of staff spirit.
Part X: Corruption and
Abuse of Office
Strengthening the Boundaries
Weak Boundaries and Collapse of Government.
Importance of Prosecution of Corruption
• Prosecution (with Courts and Police) is critical to clarify
and strengthen the boundaries about what is acceptable
and unacceptable in society.
• Failure to do so causes the decay of the government,
and ultimate collapse of society.
• Your job is very important.
Part X: Corruption and Abuse of Office
• 11 Sections
• Seven (7) dealing with acts of public service employees.
• Three (3) - personating or acting with government authorized.
• One (1) - threats to public servants.
• Two (2) Felonies (Official Corruption and Abuse of Office)
Official Corruption: Section 91
• Public service employee
• “Corruptly asks for, solicits, receives or obtains, or agrees or
attempts to received or obtain any property or benefit . . . in the
discharge of the duties of his office; or
• “corruptly give, confers, or procures or promises or offers to give
or confer, or to procure, or attempt to procure” . . . “on account of
any such act or omission of the part os the person so employed.”
• Felony - “liable to imprisonment for seven years.”
Official Corruption: Section 91
• Examples:
• Cars clearing customs.
• Giving a shipping contract to a family member without proper
process.
• Felony - “liable to imprisonment for seven years.”
Extortion by Public Officers: Section 92
• Public Service Employee
• any reward beyond his proper pay . . . or any promise of such
• for performance of his duty
• Misdemeanor - “liable to imprisonment for three years.”
Extortion by Public Officers: Section 92
• Example:
• Airport Customs - clears luggage without inspection for SBD $500.
Public Officers Receiving Property to Show Favour: Section
93
• Public Service.
• receives property or benefit on the understanding that he shall
favour . . .
• Misdemeanor - six months.
Public Officers Receiving Property to Show Favour: Section
93
• Example:
• Procurement bribe.
Officers Charged with Administration of Property of a
Special Character or with Special Duties: Section 94
• Public Service
• judicial or admin duties, or
• manufacture, trade or business of special characters
• and acquired or holding a private interest
• official duties with respect to that interest.
• Misdemeanor - one year
Officers Charged with Administration of Property of a
Special Character or with Special Duties: Section 94
• Example:
• Judge tries case affecting business contract. Has ownership in
business.
• Fisheries Official issues permit to company in which he owns
shares.
False Claims by Officials: Section 95
• Public Service
• furnish returns or statements . . . payable to himself or [another]
• false in any material particular.
• Misdemeanor -
False Claims by Officials: Section 95
• Example:
• Travel Reimbursement claim with false receipts.
Change of Pace Picture
Abuse of Office: Section 96
• Public Service.
• does or directs to be done, in abuse of the authority
• “any arbitrary act prejudicial to the right of another.”
• Misdemeanor -
• But if done for the purpose of gain - Felony - Three Years
Abuse of Office: Section 96
• Example:
• Prosecutor brings an unfounded criminal investigation out of spite -
Misdemeanor.
• Prosecutor brings a criminal investigation to force a contract to help
a family member - Felony.
False Certificates by Public Officers: Section 97
• Authorised or required by law,
• Gives a certificate which is false in any material particular (mens
rea)
• Misdemeanor -
False Certificates by Public Officers: Section 97
• Example:
• I take a false university degree from USP to Public Solicitor’s
Office for certification.
• knowing its false - is certified.
Unauthorised Administration of Oaths: Section 98
• Administers an oath, or takes a solemn declaration or affidavit . . .
with respect to which he has not by law any authority to do so
• Misdemeanor -
Unauthorised Administration of Oaths: Section 98
• Example:
• Unlicensed Attorney - takes affidavit.
False Assumption of Identity: Section 99
• acts as judicial officer;
• acts as having authority to administer oath . . .
• represents himself to be a person authorised by law testifying to the
contents of any register to sign a document kept by lawful authority .
. .”
• misdemeanor
False Assumption of Identity: Section 99
• Example:
• Personating a Justice of the Peace.
Personating Public Officers: Section 100
• personates . . . public service . . .
• falsely represents himself to be a person employed in the public
service, and assumes to do any act . . .
• misdemeanor - three years.
Personating Public Officers: Section 100
• Example:
• Pretending to be a Customs Official to release goods.
Threat of Injury to Persons . . . Public Service:
Section 101
• Whoever holds out any threat of injury to any person employed in
the public service, . . .
• for the purpose of inducing that person . . .
• to act, or forbear or delay . . . the exercise of the public functions . ..
• misdemeanor -
• Requires the Sanction of the DPP.
Threat of Injury to Persons . . . Public Service:
Section 101
• Example: A person threatens a prosecutor with harm for pursuing a
case.
Summary
Criminal Law in Anti-Corruption
• Punishment and threat of punishment is a weak tool for behavior
modification.
• Prosecution (with Courts and Police) is critical to clarify and
strengthen the boundaries about what is acceptable and
unacceptable in society.
• Failure to do so causes the decay of the government, and ultimate
collapse of society.
• Your jobs are very important.
Part X: Corruption and Abuse of Office
• 11 Sections - with examples
• Seven (7) dealing with acts of public service employees.
• Three (3) - personating or acting with government authorized.
• One (1) - threats to public servants.
• Two (2) Felonies (Official Corruption and Abuse of Office)
End