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Papua New Guinea

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Criminal Code Act 1974 Investigating agency: Royal Papua New Guinea Constabulary

Criminal Code Act 1974 Section 87

  • Corruptly giving, conferring or procuring, or promising or offering to give or confer, or to procure or attempt to procure, to, on or for any person, any property or benefit on account of any such act or omission on the part of a person in the Public Service or holding a public office

Criminal Code Act 1974 Section 101

  • Corruptly providing, or corruptly paying in whole or part the expense of providing, any food, drink or lodging to or for any person on account of anything done or omitted to be done, or to be done or omitted to be done, by an elector at the election in the capacity of an elector before, during or after an electionTo prove that the accused person did not intend that the act should have effect in Papua New Guinea (section 12).

Defence To prove that the accused person did not intend that the act should have effect in Papua New Guinea (section 12). Criminal Code Act 1974 Section 103

  • Under this section, it is an offence for any person to give, confer or procure, or promise or offer to give or confer, or to procure or attempt to procure, any property or benefit of any kind to an elector or any person acting or joining in a procession during an election, in order to influence the vote of that elector or that person at an election; and
  • corruptly transfers or pays any property or money to any person for the purpose of enabling that person to be registered as an elector, and so influencing the vote of that person at a future election or is privy to the transfer or payment that is made for his benefit.

Defence To prove that the accused person did not intend that the act should have effect in Papua New Guinea (section 12). Criminal Code Act 1974 Section 117 (b)

  • Corruptly giving, conferring or procuring, or promising or offering to give or confer, or to procure or attempt to procure, to, on, or for any person any property or benefit on account of any such act or omission.

Criminal Code Act 1974 Section 119

  • Corruptly giving, conferring or procuring, or promising or offering to give or confer, or to procure or attempt to procure, to, on or for any person, any property or benefit on account of any such act or omission on the part of a person holding the judicial office.

Direction to investigate and prosecute a breach of this provision must be given by the Public Prosecutor.

Criminal Code Act 1974 Section 120 Corruptly giving, conferring or procuring, or promising or offering to give or confer, or to procure or attempt to procure, to, on or for any person, any property or benefit on account of any such act or omission on the part of the justice or so employed.

Below are the penalties when committing an offence: Section 87 – A fine at the discretion of the Court or Imprisonment for a term up to seven years, or both. Section 101 – A fine not exceeding K400.00 or imprisonment for up to one year Section 103 – A fine at the discretion of the Court or imprisonment for up to seven years, or both. Section 119 – Imprisonment for up to 14 years, and a fine at the discretion of the court. Section 117 (b) – Imprisonment for a term not exceeding three years, and a fine at the discretion of the court. Section 120 – Imprisonment for up to 14 years, and a fine at the discretion of the court

Contacts at Baker McKenzie
 Mathieu Hanaut Mathieu Hanaut Partner, Sydney + 61 2 8922 5791 [email protected]
[1] The information in this section is a summary only and does not constitute legal advice concerning the application or effect of the local laws of Papua New Guinea. This summary has been prepared by Baker McKenzie in conjunction with information provided by John Leahy of Leahy Lewin Lowing Sullivan Lawyers. [2] The Firm does not have an office in Papua New Guinea. However, Mathieu Hanaut, based in the Firm’s Sydney office, has developed a specific capability advising clients in the Pacific Islands region (including Papua New Guinea), for which the Firm has been awarded Band 1 in Chambers Asia Pacific 2015. In Papua New Guinea, Mathieu and his team work closely with their preferred local law firm to provide appropriate local knowledge to the clients and assist their business or projects. [3] This list is to be used as a guide only. It is intended to provide high level information regarding the primary laws in the specified countries in relation to ant-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up to date, and refer to the relevant Baker McKenzie contact for the jurisdiction for specific advice.

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