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Passive Corruption
Passive corruption, in Brazilian criminal law, is one of the crimes committed by public officials against the general administration. Corruption can be of two types: * Active, referring to the briber; or * Passive, referring to the corrupted public official. Some legislations define both behaviors as being the same crime. In the case of the crime of corruption, Brazilian legislation adopted, exceptionally, the pluralistic theory, as it chose to define two different crimes: active corruption, in Article 333 of the Penal Code, and passive corruption, in Article 317. Definition The Penal Code, in Article 317, defines the crime of passive corruption as "soliciting or receiving, for oneself or for others, directly or indirectly, even if outside the function or before assuming it, an undue advantage, or accepting a promise of such an advantage." The crime known as passive corruption is practiced against public administration in general. Its provision is found in Article 317 of the Br ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brazilian Criminal Law
The Brazilian criminal justice system comes from the civil law of Western Europe, in particular Portuguese law, which derives from Roman law. The earliest legal documents in Brazil were land grants and charters dating to the early 16th century, which continued to be used until independence in 1822. Various basic principles of law are enshrined in the 1988 Constitution, such as the principle of legality and the principle of human dignity. Various institutions work together to implement the criminal justice system, including the National Congress, which passes laws to define what acts are considered criminal in the Penal Code and codifies the criminal procedures for implementing them; three national and multiple state-level police forces to prevent and combat crime and hold alleged perpetrators for prosecution; the judiciary, including 92 courts at the federal and state levels, to interpret the codes, and hear prosecutions and judge perpetrators; and a correctional system ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration (government)
The term administration, as used in the context of government, differs according to the jurisdiction under which it operates. In general terms, the administration can be described as a decision-making body. United States In Americans, American usage, the term generally refers to the Federal government of the United States#Executive branch, executive branch under a specific President of the United States, president (or Governor#United States, governor, Mayor#United States, mayor, or other local executives); or the term of a particular executive; for example: "President Y's administration" or "Secretary of Defense X during President Y's administration." It can also mean an executive branch agency headed by an administrator, as the NASA, National Aeronautics and Space Administration (NASA), Small Business Administration or the National Archives and Records Administration. The term "administration" has been used to denote the executive branch in presidential systems of government. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Active Corruption
Active corruption consists of the act of offering (this offering can be done in various ways) an advantage, any kind of benefit, or satisfaction of will that may affect the morality of Public Administration. It is only characterized when the advantage is offered to a public official. If there is a request (passive corruption) or imposition (extortion) by the official for the offered advantage, the act of yielding to this request or pressure through payment does not constitute active corruption, since the penal code only includes the verb "offer". There is no negligent form for active corruption; it requires the intent of the individual to corrupt the public agent. ''Qualified form'' - due to the offering, the official actually delays or omits an official act, or performs an act in violation of their duty. Note that if there is effective action, but not an official act, the assigned type will be in the main provision and not in the qualified form. Active corruption, committed by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brazilian Penal Code
The current Penal Code of Brazil () was promulgated in 1940, during the Estado Novo regime, and has been in effect since January 1, 1942. It is the third codification of criminal law in the country's history, succeeding those of 1830 and 1890. One notable feature of the document is the inclusion of libel as a crime. Background The penal code is one part of the Brazilian criminal justice system. The National Congress passes laws to define what acts are considered criminal; this becomes part of the penal code. The Congress also codifies the procedures for implementing the penal code. Three national police forces and multiple state-level police forces work to prevent and combat crime and hold alleged perpetrators for prosecution. The judiciary, including 92 courts at the federal and state levels interpret the codes and hear prosecutions and judge perpetrators; the correctional system oversees punishment and rehabilitatation of convicted criminals. The whole system hinges on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Code
A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on Ex post facto law, retroactive prosecution). Criminal codes are relatively common in Civil law (legal system), civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. Where a jurisdiction is a federation, the administrative division, subnational units of such jurisdiction may or may not use separate penal codes. For example, in India, the entire country (the Government of India, federal government, states, and union territories) all operate under one criminal code, the Bhara ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Official
An official is someone who holds an office (function or mandate, regardless of whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority (either their own or that of their superior or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ' (12th century), from the Latin">- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Administration
Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the Administrative Process''. Washington D.C.: CQ Press and also to the academic discipline which studies how public policy is created and implemented. In an academic context, public administration has been described as the study of government decision-making; the analysis of policies and the various inputs that have produced them; and the inputs necessary to produce alternative policies. It is also a subfield of political science where studies of policy processes and the structures, functions, and behavior of public institutions and their relationships with broader society take place. The study and application of public administration is founded on the principle that the proper functioning of an organization or institution relies on effectiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corruption
Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities like bribery, influence peddling, and embezzlement, as well as practices that are legal in many countries, such as lobbying. Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Historically, "corruption" had a broader meaning concerned with an activity's impact on morals and societal well-being: for example, the ancient Greek philosopher Socrates was condemned to death in part for "corrupting the young". Contemporary corruption is perceived as most common in kleptocracies, oligarchies, narco-states, Authoritarianism, authoritarian states, and mafia states, however, more recent research and policy statements acknowledge that it also exists in wealthy capitalist e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official
An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (either their own or that of their superior or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be Inheritance, inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in Civil law (common law), civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other Offense (law), offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement (law), settlement of a Claim (legal), claim. One typical example of a fine is money paid for violations of traffic laws. In English law, English common law, relatively Standard scale, small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty
A duty (from "due" meaning "that which is owing"; , past participle of ; , whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. A sense-of-duty is also a virtue or personality trait that characterizes someone who is diligent about fulfilling individual duties or who confidently knows their calling. A sense-of-duty can also come from a need to fulfill familial pressures and desires. This is typically seen in a militaristic or patriotic way. A distinction is commonly made between "positive duties", which a person must undertake, and "negative duties", which relate to actions from which a person must refrain. Michael Freeman notes that negative duties may be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
