Primary foreign anti-bribery legislation and enforcement agencies
Criminal Code 1995
Schedule to the Criminal Code Act 1995 (Code)
Prohibits domestic bribery (Private to Public and Private to Private)
Investigating agency: National Agency for Probity, Prevention and Anti-Corruption
Prosecuting agencies: Public prosecutor and the criminal courts
Offenses
Domestic bribery – Private to Public (Article 248 to 256 of the Code)
The bribery consists of:
- the offer or solicitation made towards or receipt or acceptance,
- on the part of any magistrate, arbitrator, public official or electoral office holder of a gift, donation or other advantage, and
- in exchange for performance or taking of any act, favor or decision or abstention from any act or decision.
Penalties – Criminal and/or civil liability
For an individual (Article 256 of the Code) – Imprisonment for two years to five years, a fine of up to MAD50,000, or both; moreover, a person convicted may be deprived of certain civil rights and be barred from public office or employment for a period of up to 10 years.
For bodies corporate (Article 36 and 127 of the Code) – Legal entities are subject only to monetary fines as well as confiscation of assets and forced dissolution, as provided for in Article 36 of the Code.
Domestic bribery – Private to Private (Article 249 of the Code)
The bribery consists of:
- any paid employee or subordinate who, directly or through an intermediary, without the knowledge or consent of his employer,
- requests or approves offers, promises, gifts, commissions, discounts or bonuses,
- in order to perform or abstain from performing any act within the scope of employment or which may be facilitated by such employment.
Penalties – Criminal and/or civil liability
For an individual (Article 249 of the Code) – Imprisonment for one year to three years, a fine of up to MAD50,000, or both
For bodies corporate (Article 36 and 127 of the Code) – Legal entities are subject only to monetary fines as well as confiscation of assets and forced dissolution, as provided for in Article 36 of the Code.
Bribery of foreign public officials
There are no specific provisions in the Code relating to the corruption of foreign public officials.