A Study of Active and Passive Bribery of Mandate Holders：Focusing on Section 108e of German Criminal Code
Date Issued
2016
Date
2016
Author(s)
Wang, Fang-Kai
Abstract
The starting points of this thesis are the following questions: how should the criminal law deal with the slight influences of the mandate holders’ powers? Are the current regulations of the criminal law appropriate? Basing on that, the thesis mainly focus on two konkrete questions: Do the mandate holders belong to the public officials? Are there any differences in bribing between the mandate holders and public officials? With regard to that, the german criminal law chooses to exclude the mandate holders from the public officials. The development of the bribery of mandate holders is extremely intricate: in 1871 at the period of the RStGB, the bribery of mandate holders as a hyponym was put in the bribing voters; in 1953, Germany extended the punishment range of this section. So the agreement of the both sides was no longer necessary. Relatively, Germany also made a great restriction of the scope of that section, so that the bribery of mandate holders was no longer punished and a punishment leak came into being; in 1994, Germany stipulated a autonomous bribing delegates by an amendment to the German Criminal Code. However, the punishment range of this section is extraordinary narrow, so that it only punished anybody, who undertook to buy or sell a vote for an election or ballot in the European Parliament or in a parliament of the Federation, the member states, municipalities or municipal associations. At last in 2014, Germany made a large modification of 108e StGB and broadened the punishment scope, in order to ratify the international instruments against corruption. In compare to related provisions of other countries of Europe and the requests of the international instruments against corruption, the currently in effect 108e StGB still fails to fulfill the leak of punishment. Basing on the german doctrines’ discussion about this section and the comparison with some countries of Europe, this thesis pulls the viewpoint back in Taiwan: tries to figure out the approach and dilemma of the current bribery provisions in Criminal Code of the Republic of China; then attempts to give some practicable solutions.
Subjects
mandate holders
public official
bribe
German Criminal Code
Criminal Code of the Republic of China
SDGs
Type
thesis
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