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What are the elements of the general crime of corruption by the recipient?
What are the elements of the general crime of corruption by the recipient?
- Acceptance by the recipient, 2) Gratification, 3) Inducement to act, 4) Unlawfulness, 5) Intention.
The element of act includes only the direct acceptance of gratification.
The element of act includes only the direct acceptance of gratification.
False
Which of the following is NOT a form of gratification as per the discussed elements? (Select one)
Which of the following is NOT a form of gratification as per the discussed elements? (Select one)
What does the term 'gratification' include according to the legislature?
What does the term 'gratification' include according to the legislature?
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According to the elements of the crime, Y must accept gratification to act in a certain manner because of what?
According to the elements of the crime, Y must accept gratification to act in a certain manner because of what?
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If Y accepts gratification through a middleman, Y cannot be held liable for the crime.
If Y accepts gratification through a middleman, Y cannot be held liable for the crime.
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The crime of corruption is completed even if Y has not yet ______ what he undertook to do.
The crime of corruption is completed even if Y has not yet ______ what he undertook to do.
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Study Notes
Corruption: The Crime Committed by the Recipient
- The general crime of corruption by the recipient has five key elements: acceptance of gratification, inducement, unlawfulness, intention, and an act.
- Acceptance, in this context, includes a range of actions beyond simply receiving something.
- The Act expands the notion of acceptance to encompass agreeing to accept, offering to receive, demanding, asking for, seeking, requesting, soliciting, receiving, or obtaining gratification.
- The act of accepting doesn't require direct personal receipt, and the gratification can be received indirectly through a middleman.
- The fact that the recipient does not follow through with the agreed upon action after accepting the gratification, or that the corrupt activity is unsuccessful, does not negate their liability for the crime.
- Even if the recipient lacks the authority or power to do what was requested, both parties are still liable.
- "Gratification" is broadly defined and can include: money, gifts, loans, property, the avoidance of loss or penalty, employment, contracts, forbearance from demanding money, favors/advantages, and rights/privileges.
- "Gratification" encompasses intangible benefits, such as information and sexual favors.
The Element of Inducement
- The recipient must accept the gratification as an inducement to act in a specific way.
- This implies that there is a clear connection between the acceptance of the gratification and the recipient's future actions.
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Description
This quiz explores the crime of corruption committed by the recipient, highlighting its key elements including acceptance of gratification, intention, and the act itself. Understand how various actions related to acceptance can implicate individuals, irrespective of authority or success. Test your knowledge on the complex nature of corruption and its legal implications.