What Is Bribery?

Abstract

How should bribery be defined for the purposes of transnational bribery law? This chapter begins with a motivating example from Haiti, a paradigmatic case of transnational bribery. After reducing the transaction to its essential elements and explaining the justifications for prohibiting similar transactions, we turn to the tremendous variety of ways in which the scope of prohibitions on transnational bribery can be expanded or narrowed by defining, or redefining, each of the elements of a paradigmatic bribe. Topics covered include: the physical elements of the offense, defenses, whether bribery of public officials merits distinct legal treatment, and whether bribe payers and recipients ought to be treated differently.