[No. 50.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
Pt.6 S.42
is guilty of an offence and is liable on conviction on indictment to a
fine or imprisonment for a term not exceeding 5 years or both.
Active corruption.
43.—A person who commits active corruption is guilty of an
offence and is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
Passive corruption.
44.—An official who commits passive corruption is guilty of an
offence and is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
Extra-territorial
jurisdiction in case
of certain offences.
45.—(1) It is an offence for a person to commit fraud affecting the
Communities’ financial interests or to commit the offence of money
laundering, or to participate in, instigate or attempt any such fraud
or offence, outside the State if—
(a) the benefit of the fraud or offence is obtained, or a pecuniary advantage is derived from it, by a person within the
State, or
(b) a person within the State knowingly assists or induces the
commission of the fraud or offence, or
(c) the offender is an Irish citizen, a national official or a Community official working for a European Community institution or a body set up in accordance with the Treaties
establishing the European Communities which has its
headquarters in the State.
(2) Active or passive corruption committed by a person outside
the State is an offence if—
(a) the offender is an Irish citizen, a national official or a Community official working for a European Community institution or a body set up in accordance with the Treaties
establishing the European Communities which has its
headquarters within the State, or
(b) in the case of active corruption, it is directed against an
official, or a member of one of the institutions mentioned
in paragraphs (i) to (iv) of the definition of ‘‘national
official’’ in section 40, who is an Irish citizen.
(3) A person guilty of an offence under this section is liable on
conviction on indictment to a fine or imprisonment for a term not
exceeding 5 years or both.
Restriction on
certain proceedings.
46.—(1) Where a person is charged with an offence under section
45, no further proceedings (other than a remand in custody or on
bail) shall be taken except by or with the consent of the Director of
Public Prosecutions.
(2) Where the Director of Public Prosecutions considers that
another member state of the European Union has jurisdiction to try
a person charged with an offence under section 45, the Director shall
cooperate with the appropriate authorities in the member state concerned with a view to centralising the prosecution of the person in a
single member state where possible.
34