What Is the Difference Between the Briber and the Bribed Person Under Saudi Law?

Translation of the attached article:

Bribery is considered one of the serious crimes that the Saudi legislator has given great attention to. Strict penalties have been established for anyone who commits this crime, whether as the briber or the bribed person. The legislator did not distinguish between the two, but rather imposed penalties on both due to the strong interest in deterring anyone who may be tempted to commit this serious crime or accept a bribe for any reason.

In this article, we will explain the difference between the briber and the bribed person under Saudi law by clarifying the meaning of each and explaining the prescribed penalty for both.

The Concept of the Crime of Bribery Under Saudi Law

Saudi law defines bribery as any advantages, benefits, gifts, or promises offered by a person to a public employee or official to induce them to perform or refrain from performing an act related to their job duties, or to breach one of their obligations.

According to the Saudi Anti-Bribery Law, bribery is considered a criminal offense, and all parties involved are liable, whether the briber or the bribed person. Bribery applies to employees in both the public and private sectors.

The Difference Between the Briber and the Bribed Person Under Saudi Law

Saudi law clarifies the difference between the briber and the bribed person in the Anti-Bribery Law.

Article (1) of the Law states:

“Every public employee who requests for themselves or for another person, or accepts or takes a promise or gift, in order to perform an act related to their job duties or one they claims to be among their job duties, even if such act is lawful, shall be considered bribed and shall be punished by imprisonment for a period not exceeding ten years and a fine not exceeding one million riyals, or by either of these two penalties. The employee’s intention not to perform the promised act does not affect the establishment of the crime.”

This article clarifies the meaning of the bribed person under Saudi law: a public employee who exploits their position by requesting or accepting any benefit in return for performing a job-related act.

The act to be performed does not have to be unlawful; the crime is established even if the act itself is originally lawful.

Article (2) of the Anti-Bribery Law also states:

“Every public employee who requests for themselves or for another person, or accepts or takes a promise or gift, in order to refrain from performing an act related to their job duties or one they claim to be among their job duties, even if such abstention is lawful, shall be considered bribed and shall be punished with the penalty stipulated in Article One of this Law. The employee’s intention not to do what they promised does not affect the establishment of the crime.”

This article shows that the crime of bribery is not limited to performing an act only, but also extends to refraining from performing an act in return for a benefit.

If an employee receives a bribe in order not to perform their job duty, they are considered bribed and the same severe penalty applies.

In addition, Article (3) of the Anti-Bribery Law states the following:

“Every public employee who requests for themselves or for another person, or accepts or takes a promise or gift, in order to breach their job duties or as a reward for something they have done, even without a prior agreement, shall be considered bribed and shall be punished with the penalty stipulated in Article One of this Law.”

This article clarifies that the bribed person is criminally liable even if there was no prior agreement on the bribe, or if the gift was given as a reward after the act had been performed.

Article (4) of the Law also defines those considered equivalent to a bribed person, stating:

“Every public employee who breaches their job duties by performing or refraining from performing an act related to that job as a result of a request, recommendation, or mediation shall be considered equivalent to a bribed person and shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding one hundred thousand riyals, or by either of these two penalties.”

Article (5) of the Law further states:

“Every public employee who requests for themselves or for another person, or accepts or takes a promise or gift, in order to use real or alleged influence to obtain or attempt to obtain from any public authority any work, order, decision, obligation, license, supply agreement, job, service, or advantage of any kind, shall be considered bribed and shall be punished with the penalty stipulated in Article One of this Law.”

Article 9 bis (1) defines the briber as follows:

“Every person who promises, offers, or grants a gift to any person working in civil associations, cooperative associations, private institutions, companies, private establishments, or professional bodies in any capacity, whether for their own benefit or for the benefit of another, in order to perform or refrain from performing an act related to their job duties in a manner that constitutes a breach of their job obligations, shall be considered a briber and shall be punished by imprisonment for a period not exceeding five years, a fine not exceeding five hundred thousand riyals, or both.”

This article clarifies who the briber is: any person who attempts to influence an employee or someone performing a job in any private, civil, or professional entity, whether through a promise, offer, grant, or any benefit, so that this person performs or refrains from performing an act related to their job duties.

Elements of Bribery and Methods of Proving It

Under Saudi law, bribery consists of three main elements. Below, we explain each element and its definition:

The Material Element:

The material element is the first element of the crime of bribery. It refers to the criminal conduct of the employee who requests, accepts, or takes something in return for achieving a certain interest, whether material or non-material.

This means that the employee requests or receives a bribe to perform their job duties, refrain from performing them, or manipulate their job obligations.

The Moral Element:

The moral element refers to the criminal intent present in the bribed person or the briber. The briber must have the will and knowledge that they are committing the crime of bribery.

Bribery is an intentional crime. The bribed person must know that they are exploiting their job to carry out unlawful acts, and the briber must know that they are paying a bribe in order to obtain information or unlawful services from the bribed person.

The Presumed Element:

This element is also called the legal element. It includes anyone who holds a private or public position. Once this status exists, the person may be accused of bribery if the other elements of the crime are committed.

Understanding the difference between the briber and the bribed person becomes much clearer when reviewing the elements of the crime of bribery under Saudi law.

Why Is Choosing Nawaf bin Awad Al-Harbi Law Firm the Best Choice?

Choosing Nawaf bin Awad Al-Harbi Law Firm is considered the best choice because it includes a group of top lawyers with extensive experience in the legal field, in addition to other advantages explained below:

Extensive Experience and a Specialized Team:

The firm has a distinguished team of highly experienced lawyers specialized in various fields and branches of law, ensuring that you receive the best legal consultations and solutions.

Integrity and Transparency:

The firm is committed to the highest standards of integrity and professionalism in all legal transactions, which helps increase clients’ trust in it.

Providing Specialized Legal Services:

The firm pays great attention to its clients’ needs and places them at the top of its priorities, while ensuring the provision of specialized legal services to meet these needs.

Keeping Pace with Technology:

The firm relies on the latest legal technologies to provide effective and fast legal services and improve work efficiency.

Continuous Client Support:

The firm provides continuous support to clients throughout all stages of their cases, ensuring they feel confident and reassured.

If you are facing an accusation in a bribery case or seeking effective legal protection in financial cases, contacting the best financial cases lawyer gives you the proper legal support, an accurate understanding of the legal classification, and a strong defense plan that protects your rights at every stage of the case.

Conclusion

Thus, we have explained the difference between the briber and the bribed person under Saudi law, and how the legislator did not distinguish between them but instead established deterrent penalties for both equally. The law did not limit punishment to the bribed person only; it also punishes the briber, reflecting the legislator’s commitment to combating this serious crime.

You can also learn important details about the penalty for embezzlement under Saudi law to gain a broader understanding of crimes involving breach of trust and integrity.

Frequently Asked Questions

What is the penalty for offering a bribe in Saudi Arabia?

Simply offering a bribe, even if the employee does not accept it, is considered a crime punishable by up to ten years.

When does bribery become a crime?

Bribery is an intentional crime that requires criminal intent on the part of the offender. Therefore, the bribed person must be aware, when requesting or taking the gift or accepting the promise, that it is in return for performing or refraining from performing an act related to their job duties. In other words, they must have the intention to trade in their job or position.

What is the penalty for the crime of bribery in Saudi Arabia?

Article One of the Saudi Anti-Bribery Law states that every public employee who requests for themselves or for another person, or takes or accepts a gift or promise in order to perform an act related to their job duties, shall be punished by imprisonment for a period not exceeding ten years and a fine of one million Saudi riyals, or by either of these two penalties.