Article 21 — Corruption and Abuse of Office

1. 1.

   Active corruption. Any person who offers, promises, or gives, directly or through an intermediary, an improper advantage of any kind to a public officer, or to a third party at the direction or for the benefit of a public officer, in connection with the officer’s functions, commits an offence.

2. 2.

   Passive corruption. Any public officer who solicits, accepts, or agrees to accept, directly or through an intermediary, an improper advantage of any kind, for themselves or for a third party, in connection with the officer’s functions, commits an offence.

3. 3.

   Abuse of office. Any public officer who uses their position, authority, or access to State resources for personal gain, or to confer an improper advantage on another person, commits an offence.

4. 4.

   For the purposes of this Article, “public officer” has the meaning given in Article 2(1)(h).

5. 5.

   Classification. An offence under this Article is a grave offence.

6. 6.

   Sanctions. A person found guilty of an offence under this Article is liable to the following sanctions:

   1. A fine of $50,000 to $500,000, in accordance with Article 12.
   2. Public censure in accordance with Article 10.
   3. Permanent revocation of office, appointment, or mandate held by the offender.
   4. Permanent exclusion from State service.
   5. Forfeiture of any advantage obtained, directly or indirectly, through the commission of the offence.