acts already done, however improper, does not present the character of a crime and disciplinary action would be sufficient; corruption consists in subjecting the performance of official duties to the gifts of private persons and a public officer cannot be corrupted in this sense for an act already done. Against all this it was argued that there is a violation of official duties even where rewards are accepted after acts done, because the performance of such acts must always appear entirely free of any suggestion of venality. Ordinarily the reward is not expressly stipulated, but on account of it a sort of tacit understanding is formed between the public officer and the private person who is convinced that unless he gives that reward he will not, on further occasions, be able to obtain that which he has the right to obtain. This latter reasoning prevailed and article 171 of that Code was so worked as to apply in both cases177. It does not appear, however, that the same solution could be applied under our law. As sec. 114 (a) and (b) are worked it seems that there can be the crime of corruption only where the reward, promise or offer is made to the public officer and accepted by him in respect of an act he has yet to do and not also for an act he may have already done.
4. Bribing a Public Officer So far, we have considered the case of a public officer or employee who allows himself or holds himself out to be corrupted. We will now examine the position of his corrupter. As it is only a public officer or employee who can sell away an act of office, so it is only he that can be considered as the principal offender in the crime of corruption. The briber or corrupter is only an accomplice in as much as he instigates or strengthens the resolution of the public officer or employee by giving or offering rewards or promises. And as the crime is completed by the mere acceptance, on the part of the public servant, of the reward or offer, so also it must be considered in respect of the corrupter. Our Code at sec. 118 expressly applies to the corrupter the rules of complicity. If the crime of corruption is, therefore, completed by the unholy compact of the public servant and the private person, the latter is liable to punishment whether the corruption
177
Similar provisions are contained also in the present Italian Code, (Articles 318 to 321)
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