The Corruption Prevention and Combating Bureau has sent to the Prosecutor’s Office materials of the criminal proceedings suggesting to bring criminal charges against prosecutor of Jurmala city for extortion of a bribe using an intermediary.
In a course of pretrial investigation it was detected that 25 000 lats bribe was demanded from a person with a purpose to commit illegal activities in safeguarding interests of this person in the framework of criminal proceedings led by the prosecutor.
Acceptance of the bribe was planned in several parts and the prosecutor was detained on October 17, 2008 after 15 000 lats, the first part of the bribe was delivered. In the framework of criminal proceedings KNAB officials also detained a private person. KNAB investigator has recognised the private person as suspect in organising acceptance of the bribe, intermediary activities and misappropriation of a part of the bribe received by the public official.
Information gathered during investigation shows that the organiser of bribery informed and convinced a bribe giver that it is necessary to give a bribe with the purpose to terminate criminal proceedings.
Currently security measure not related to deprivation of liberty has been applied to both suspects.
KNAB investigator believes that evidence collected in a course of pretrial investigation is sufficient therefore prosecutor is to be held criminally liable for committing especially serious crime – extortion of a bribe (Article 320 (3), the Criminal Law), whereas private person is to be held liable for organizing criminal activities, intermediary activities (Article 322 (1), the Criminal Law) and misappropriation of a part of a bribe (Article 321 (1), the Criminal Law).
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Article 320. Accepting Bribes
(1) For a person who commits accepting a bribe, that is, intentionally illegally accepting the offer of material value, property or benefits of another nature, where commission thereof is by a State official personally or through an intermediary, for the performing or failure to perform some act in the interests of the giver or offerer of the bribe or the interests of other persons by using his or her official position,
the applicable sentence is deprivation of liberty for a term not exceeding eight years, with or without confiscation of property.
(2) For a person who commits the same acts, if commission thereof is repeated or on a large scale, or if a bribe is demanded,
the applicable sentence is deprivation of liberty for a term of not less than three and not exceeding ten years, with confiscation of property.
(3) For a person who commits the acts provided for in Paragraphs one and two of this Section, if they are associated with extortion of a bribe, or if commission thereof is by a group of persons pursuant to prior agreement, or by a State official holding a responsible position,
the applicable sentence is deprivation of liberty for a term of not less than eight and not exceeding fifteen years, with confiscation of property.
Article 20. Joint Participation
(1) An act or failure to act committed knowingly, by which a person (joint participant) has jointly with another person (perpetrator), participated in the commission of an intentional criminal offence, but he himself or she herself has not been the direct perpetrator of it, shall be considered to be joint participation. Organisers, instigators and accessories are joint participants in a criminal offence.
(2) A person who has organised or directed the commission of a criminal offence shall be considered an organiser.
Article 321. Misappropriation of a Bribe
(1) For a person who commits misappropriation of a bribe which a person has received in order to provide to a State official, or which he or she has accepted, pretending to be a State official,
the applicable sentence is deprivation of liberty for a term not exceeding four years or with confiscation of property, or community service, or a fine not exceeding one hundred times the minimum monthly wage.
(2) For a person who commits misappropriation of a bribe which a State official has received in order to provide it to another State official, or which he or she has accepted claiming to be another State official,
the applicable sentence is deprivation of liberty for a term not exceeding six years or with confiscation of property.