Journal Article

NETURTINIO KYŠIO SAMPRATA TEISINIO APIBRĖŽTUMO PRINCIPO ŠVIESOJE

Fedosiuk, Oleg

2024

Overview

This article analyses the notion of non-pecuniary bribes as an attribute of corruption offenses and draws attention to the problem of high legal uncertainty in understanding the content of this legal concept. The author highlights the essential criteria according to which one or another non-pecuniary benefit can be recognized as an unlawful or unjustified reward and proposes appropriate changes in the system of anti-corruption norms that would reduce legal uncertainty and bring the concept of a non-pecuniary bribe in line with the principle of the legality of criminal law (nullum crimen sine lege). The author also argues that the concept of non-pecuniary bribery was not properly implemented in the Criminal Code of the Republic of Lithuania, as it was not separated from the primary definitions of bribery and trading in influence, which are related to the monetary value of the bribe. On the one hand, this undermined the applicability of this concept; on the other hand, it posed the risk of its excessive application, even in cases where such benefits are not characterized by any negativity or are offered for legitimate official acts, even without prior agreement. The term “personal benefit” was also incorrectly chosen, as it unreasonably encourages the search for connections only within the sphere of personal life. From an anticorruption point of view, it does not matter what interests (personal, work, public, political, corporate or other) a non-material bribe is related to.

• Publisher: Mykolas Romeris University
• Subject: Bribery / Corruption / Corruption - Transparency - Anti-Corruption / Criminal Law / Legality / Offenses / Uncertainty / Unlawful