Criminalization of bribery in Sweden and Vietnam – a comparative study
(2015) JURM01 20151Department of Law
- Abstract
- Corruption is a problem that exists in all societies and is harmful for any countries’ social, economic and political development, thus needs to be combated and criminalized against. Corruption appears in different forms and grows and develops under different circumstances. It is a difficult phenomenon to define as it has many levels of existence and derives from differing causes and factors depending on the contexts it exists in. The international community has not agreed on one common definition of corruption but one commonly used explanation is that corruption is ”the misuse of entrusted power for private benefit”. One of the most central corrupt act is bribery, but there are other behaviors that fall under corrupt acts, such as... (More)
- Corruption is a problem that exists in all societies and is harmful for any countries’ social, economic and political development, thus needs to be combated and criminalized against. Corruption appears in different forms and grows and develops under different circumstances. It is a difficult phenomenon to define as it has many levels of existence and derives from differing causes and factors depending on the contexts it exists in. The international community has not agreed on one common definition of corruption but one commonly used explanation is that corruption is ”the misuse of entrusted power for private benefit”. One of the most central corrupt act is bribery, but there are other behaviors that fall under corrupt acts, such as embezzlement, fraud, nepotism, trading with influence,extortion, and more. Not all acts are criminalized in domestic laws, however, some minimum level of criminalization and universal standards have been set by international conventions that have been developed during the last two decades. One such convention is UNCAC, the United Nations Convention against Corruption, which obliges member states to criminalize
corrupt acts.
Sweden and Vietnam are countries that have for many years existed in opposite ends of bribery and corruption reports and indexes, Sweden being top ranked among the world’s least corrupt countries, whilst Vietnam has scored poorly in these lists. Both countries use criminalization as a tool to combat and prevent corruption and the most central criminal act in these laws is the bribery crime. In Vietnam, three central provisions are provided for when it comes to curbing bribery. In the Vietnamese Penal Code, Article 279 crime of taking a bribe, article 289 crime of giving a bribe, and article 290 crime of acting as intermediary in bribery, are the central provisions regarding bribery crimes. In the Swedish Penal Code, the acts of bribery are criminalized through provisions found in Chapter 10, § 5 a-e.
By studying the criminalization of bribery acts in Vietnam and Sweden, this thesis will explore the methods and ways that two different countries use in relation to respective countries legal traditions, criminal systems and their needs to seek measures to fight corruption. (Less)
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@misc{7455569,
abstract = {{Corruption is a problem that exists in all societies and is harmful for any countries’ social, economic and political development, thus needs to be combated and criminalized against. Corruption appears in different forms and grows and develops under different circumstances. It is a difficult phenomenon to define as it has many levels of existence and derives from differing causes and factors depending on the contexts it exists in. The international community has not agreed on one common definition of corruption but one commonly used explanation is that corruption is ”the misuse of entrusted power for private benefit”. One of the most central corrupt act is bribery, but there are other behaviors that fall under corrupt acts, such as embezzlement, fraud, nepotism, trading with influence,extortion, and more. Not all acts are criminalized in domestic laws, however, some minimum level of criminalization and universal standards have been set by international conventions that have been developed during the last two decades. One such convention is UNCAC, the United Nations Convention against Corruption, which obliges member states to criminalize
corrupt acts.
Sweden and Vietnam are countries that have for many years existed in opposite ends of bribery and corruption reports and indexes, Sweden being top ranked among the world’s least corrupt countries, whilst Vietnam has scored poorly in these lists. Both countries use criminalization as a tool to combat and prevent corruption and the most central criminal act in these laws is the bribery crime. In Vietnam, three central provisions are provided for when it comes to curbing bribery. In the Vietnamese Penal Code, Article 279 crime of taking a bribe, article 289 crime of giving a bribe, and article 290 crime of acting as intermediary in bribery, are the central provisions regarding bribery crimes. In the Swedish Penal Code, the acts of bribery are criminalized through provisions found in Chapter 10, § 5 a-e.
By studying the criminalization of bribery acts in Vietnam and Sweden, this thesis will explore the methods and ways that two different countries use in relation to respective countries legal traditions, criminal systems and their needs to seek measures to fight corruption.}},
author = {{Dung, Ho}},
language = {{eng}},
note = {{Student Paper}},
title = {{Criminalization of bribery in Sweden and Vietnam – a comparative study}},
year = {{2015}},
}