A bribery and a commercial bribery have one fundamental difference. A bribery involves the transfer of money and/or assets to a public official of state or municipal authorities, whereas a commercial bribery involves a person performing managerial functions in a commercial or other company. Typically, it refers to violations of fair competition principles in terms of market economy.
The punishment for a commercial bribery is less severe than for bribery, where the interests of the state are betrayed. Maximum penalties include:
- Receiving a commercial bribery (Parts 5–8 of Article 204 of the Criminal Code of the Russian Federation): imprisonment for up to 12 years with a fine of up to 50 times the amount of the bribe, or other penalties with a fine of up to 90 times the amount of the bribe.
- Giving a bribe (Parts 1–4 of Article 204 of the Criminal Code of the Russian Federation): imprisonment for up to 8 years with a fine of up to 40 times the amount of the bribe, or other penalties with a fine of up to 70 times the amount of the bribe.
- Mediation in commercial bribery (Parts 1–3 of Article 204.1 of the Criminal Code of the Russian Federation): imprisonment for up to 7 years with a fine of up to 40 times the amount of the bribe, or other penalties with a fine of up to 70 times the amount of the bribe.
- Promise or offer of mediation (Part 4 of Article 204.1 of the Criminal Code of the Russian Federation): imprisonment for up to 4 years with a fine of up to 15 times the amount of the bribe, or other penalties with a fine of up to 20 times the amount of the bribe.
If a commercial bribe was given in the interests of a legal entity, in this case, in addition to criminal liability, the legal entity is also subject to administrative liability under Article 19.28 of the Code of Administrative Offences of the Russian Federation. The punishment is a fine of 100 times the amount of the commercial bribe, but not less than 100 million rubles ($ 1,3 million) with confiscation.
During the first 48 hours after the detention, it is crucial to behave correctly not to aggravate the situation. Often, during the initial hours, pressure is exerted on the suspect by law enforcement authorities. People under stress may unconsciously provide information against themselves, which may not correspond to reality. Sometimes, under pressure, people may enter into a deal with the investigation on unfavourable terms for themselves.
It is important to understand that the main evidence in a commercial bribery case is making a confession. Only after that the case is usually transferred to the court. Even if the suspect later retracts the confession, it will not change the situation. Therefore, to secure the most advantageous position, it is crucial to seek the assistance of an attorney in the initial hours.