Investigative Article
Understanding the Offense of Bribery of a Public Servant Under ARS 13-2602
In the legal system, the offense of bribery of a public servant is regarded as a heinous act, which can attract severe punishment depending on the circumstances surrounding the case. In Arizona, the Revised Statute 13-2602 has clearly outlined the definition, scope, and consequences of bribery of a public servant, making it important for individuals to have a good understanding of this offense. This article will delve into the details of bribery of a public servant under ARS 13-2602, providing valuable information that will help readers comprehend the gravity of this offense and the implications of such an offense.
Understanding Arizona Revised Statute 13-2602
The Arizona Revised Statute 13-2602 defines bribery of a public servant as an act of corruptly offering, giving, or soliciting anything of value as a gift, reward, or compensation to influence the public servant's official action or decision. The offense of bribery of a public servant is punishable by the Arizona law regardless of the public servant's conduct in response to the bribe.
Who is Considered a Public Servant or Party Officer?
A public servant or party officer, as defined by the Arizona law, encompasses a wide range of individuals who hold public offices, functionaries, or employees of a public agency or enterprise. Public servants could include elected or appointed officials, law enforcement officers, public employees, judges, or officers of political parties. The definition of a public servant has been designed to cover all individuals who possess legal authority, either expressly or impliedly, to act or make official decisions on behalf of the government, public agency, or political party.
What Actions Could Be Considered Bribery?
Under the ARS 13-2602, bribery involves any acts of offering, giving, or soliciting anything of value to influence the public servant's official decision or action. This could include promising or offering employment, granting favorable contracts, providing monetary rewards, or offering gifts, among other things. It's worth noting that even mere solicitation of a bribe without actual payment or the delivery of anything of value is also considered an offense under the Arizona law.
What is Commercial Bribery?
Commercial bribery is another type of offense under the ARS 13-2602, which involves corruptly offering, giving, receiving, or soliciting a bribe for the benefit of a commercial entity or business. The offense is often committed to gain a competitive advantage or secure favorable business contracts. Just like bribery of a public servant, commercial bribery is a criminal offense according to the Arizona law.
Can Bribery Be a Federal Offense?
In some cases, bribery of a public servant may also qualify as a federal offense, depending on the circumstances surrounding the case. For instance, if the bribing action affects a program or project that receives significant federal funding, the offense could be considered a federal crime under the United States Code. In such cases, the offender may face both state and federal charges, which could attract severe penalties and consequences.
Frequently Asked Questions: Bribery Charges
What is the maximum punishment for bribery of a public servant under Arizona law?
The punishment for bribery of a public servant under ARS 13-2602 varies depending on the circumstances surrounding the case. In most cases, it's classified as a Class 4 Felony, punishable by up to three years in prison, probation, and hefty fines.
Can I be charged with both state and federal bribery charges?
Yes, depending on the circumstances surrounding the case, individuals who commit bribery of a public servant may face both state and federal charges. This could attract severe punishment, including imprisonment, fines, and other consequences that could have life-long implications.
Do I need a defense attorney if I'm facing bribery charges?
Yes, seeking the counsel of a defense attorney is highly recommended for individuals charged with bribery of a public servant. Defense lawyers are experienced in navigating legal processes and procedures, and can help to protect your rights and provide valuable insights on the best course of action.
Contact a Federal Defense Attorney from Kolsrud Law
Bribery of a public servant under ARS 13-2602 is a serious offense that could attract severe punishment and consequences. If you or someone you know has been charged with bribery of a public servant, it is imperative to seek the counsel of an experienced federal defense attorney. At Kolsrud Law, we have a team of experienced attorneys who are dedicated to protecting the rights of our clients and providing them with the best possible defense. Contact us today for a consultation to discuss your case and how we can help you navigate the legal process.
Sources:
- https://www.azleg.gov/ars/13/02602.htm
No comments:
Post a Comment