Classification of corruption

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Monday, November 20, 2017

http://dailyasianage.com/news/95850/classification-of-corruption

Classification of corruption M. S. Siddiqui

Corruption takes place in different forms. There are no common forms of corruption and it varies from place to place. In one society what is considered as corruption other society may not consider it in the same way.There are many types of corruption.

The most commonly recognized forms of corruption are bribe, treason, subversion, illegal foreign transactions, smuggling, It includes privatization of public assets / funds, larceny and stealing, misappropriation, forgery and embezzlement, padding of accounts, skimming, misuse of funds, abuse of power, intimidation, torture, undeserved pardons and remission.

The other form of corruption are deceit and fraud, misrepresentation, cheating and swindling, blackmail perversion of justice, criminal behavior, false evidence, unlawful detention, frame-ups nonperformance of duties, desertion, parasitism, bribery and graft, extortion, illegal levies, kickbacks.

There are some more corruption like election tampering, vote- rigging, gerrymandering, misuse of inside knowledge and confidential information, falsification of records. It also include unauthorized sale of public properties, loans, monopolies, contracts, licenses, and public property etc., manipulation of regulations, purchases and supplies, contracts and loans, tax evasion, excessive profiteering, Influences peddling; favour brokering and involving in acts of conflicts of interest.

Corruption also occurs due to acceptance of improper gifts, fees, speed money and entertainments, junkets. Any link with organized crime, black market operations. The Cronyism type corruptions are cover-ups illegal surveillance; misuse of telecommunications and mails. Misuse of official seals, stationery, residence and perquisites for private gain also fall under corruption.

These forms of corruption covers almost all aspects of corruption occurs around the world including Bangladesh. Some of these are grouped in five broad categories. According to a number of basic characteristics, the main forms considered are Bribery, Nepotism, Embezzlement, Fraud and Extortion. The primary concern of corruption in Bangladesh is bribery.

Bribery: Bribery is the payment (in money or kind) that is given or taken in a corrupt relationship.

There are many equivalent terms to bribery, like kickbacks, gratuities, commercial arrangements, baksheesh, sweeteners, pay-offs, speed or grease money.

A bribe is a fixed sum, a certain percentage of a contract, or any other favour in money of kind, usually paid to a state official or politicians who can make contracts on behalf of the state or otherwise distribute benefits to companies or individuals, businessmen and clients. These are payments or returns needed or demanded to make things pass swifter, smoother or more favorably through the private, state or government bureaucracies.

Favoritism & Nepotism: Favoritism is the advantage given by public officials or politicians to relatives or close friends, favouritism, nepotism and clientelism all involve abuses of discretion, Article 7 of the UN Convention against corruption (2004) covers merit selection without favouritism and nepotism. Such abuses usually involve not a direct personal benefit to an official but promote the interests of those linked to the official, it may be through family, political party, tribe, or religious group.

Fraud: Fraud is an economic crime that involves some kind of trickery, swindle or deceit. Fraud involves a manipulation or distortion of information, facts and expertise, by public officials positioned between politicians and citizens, who seek to draw a private profit. Fraud is when a public official (agent), who is responsible for carrying out the orders or tasks assigned by his superiors (principal or citizens), manipulates the flow of information to his private profit.

Embezzlement: Embezzlement is theft of public resources by public officials or politicians, and as such it is understood as another form of misappropriation of public funds. Embezzlement is theft of resources by people who are put to administer those resources. It is the same embezzlement disloyal employees steal from their employers. This is a serious offence when public officials are misappropriating public resources, when state official steals from the public institution in which he or she is employed and from resources he is supposed to administer on behalf of the public.

Extortion: Extortion is money and other resources extracted by the use of coercion, violence or the threats to use force. Blackmailing and extortion are corrupt transactions where money is violently extracted by those who have the power to do it, but where very little is returned to the clients.

Extortion relies on coercion to induce cooperation, such as threats of arrest, torture, violence or the exposure of sensitive information. The Global Corruption Index and global perception indicates that west particularly Europe is less corrupt than other part of the world. Even then, they are concerned of corruption in the societies.

The member states of the European Union (EU) are convinced of the need to pursue, as a matter of priority of a common criminal policy. It aimed at the protection of society against corruption, including the adoption of appropriate legislation and preventive measures. Emphasizing is that corruption which threatens the rule of law, democracy and human rights, undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society.

As per Criminal Law Convention on Corruption of EU adapted on 27.1.1999, measures to be taken at national level as per chapter ll for adopting domestic legislation and other measures to criminalize (article 2) active bribery of domestic public officials (paying bribe), (Article 3) - Passive bribery of domestic public officials i. e. asking bribe, (Article 4) - Bribery of members of domestic public assemblies (Ministers or Members of Parliament), (Article 5) - Bribery of foreign public officials, (Article 6) - Bribery of members of foreign public assemblies i. e. bribe to Ministers, MPs of other countries, (Article 7) - Active bribery in the private sector i. e. bribe to private officials, (Article 8) Passive bribery in the private sector i. e. asking bribe by private bureaucracy, (Article 9) - Bribery of officials of international organizations like UN, WB, (Article 10) - Bribery of members of international parliamentary assemblies like EU. (Article 11) - Bribery of judges and officials of international courts.

Bribery has another form of extortion in many cases in corrupt countries where law enforcement and justice system are weak and corrupt. The legal distinction between bribery and extortion is not straightforward, and in many situations a person can be guilty of both. Statutes usually define extortion without any specific reference to public officials. Coercive extortion can refer to payments obtained by threats, whether made by an official, a terrorist group, or a private individual. Violent threats are often punished more severely than other types. (To be continued) The writer is a Legal Economist. E-mail: mssiddiqui2035@gmail.com