جريمة الرشوة في القطاع الخاص وفق التشريع الإماراتي

الملخص EN

Owing to its multi-faceted manifestations and adverse impacts on economic, social and political spheres, bribery crime is gaining increased attention day after day.

this phenomenon is not present only in the government sector but also in the private one, where it is at its height particularly in the wake of globalization which resulted in the liberalization of markets, privatization of assets; cross – border distribution of products and foreign direct investment.

therefore, uae legislator has enacted federal law no.

(7) of 2016 criminalizing bribery in private sector.

this study sets forth the preconditions of bribery offence in private sector including that the accused shall belong to a private sector institution and that the corpus delicti of the crime, with its three forms: demand, acceptance and promise, shall exist.

preconditions also include the benefits gained by the bribe taker which can both be legitimate or illegitimate, and the criminal intent.

study also deals with principal and supplementary penalties imposed on perpetrators.

so that no one involved in a bribery offence could escape punishment, uae legislator has provided for crimes supplemented with bribery which are: offering of the bribe, and acting as an intermediary in this crime.

moreover, study deals with artificial personalities' criminal liability by explaining relevant conditions and imposed penalties.