Tarpininko kyšininkavimas ir jo kvalifikavimo klausimai

Abstract

The article deals with the bribery of an intermediary, which is a criminal act under the Criminal Code of the Republic of Lithuania. The act of bribery of an intermediary presents a new approach towards the problem of corruption. The Criminal Law Convention on Corruption draws a contemporary as well as a compulsory example of criminalization, which has to be followed by the Parties to the Convention. The Article 12 of the Convention “Trading in influence” states that “Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision–making of any person referred to in Articles 2, 4 to 6 and 9 to 11 in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result.” As the official commentary to the Convention points out, the aim of such a provision is to tackle corruption of persons who are in the neighborhood of power and try to obtain advantages from their situation. Following the wording provided by the Convention, the Lithuanian lawmaker has drafted a provision related to the so–called bribery of an intermediary, Article No. 226 of the Criminal Code, 2000. While the provision is rather new and unconventional for the Lithuanian Criminal Law, few theoretical studies have been conducted and no official explanations have been provided. Nonetheless, law enforcement agencies encounter with facts of trading in influence and take steps to prosecute them...