Bribery cases (Arts. 290, 291, 291.1, 291.2 of the Criminal Code) are one of the most complex categories. There is rarely a clear "black and white": often the case involves entrapment, incorrect qualification, vague definitions of "official" and "official position". We explain what the suspect and their defense counsel need to understand.
Bribery offenses
- Art. 290 — receiving a bribe;
- Art. 291 — giving a bribe;
- Art. 291.1 — mediation in bribery;
- Art. 291.2 — petty bribery (up to ₽10,000).
Sanctions go up to 15 years of imprisonment with multi-fold fines. Aggravating circumstances (group, large amount, extortion) significantly increase the penalty.
Key defense points
Bribe entrapment
Entrapment (Art. 304 of the Criminal Code) is a situation where an official is "forced" to accept a bribe without their consent and desire. Signs of entrapment:
- the initiative for the transfer comes from the "bribe giver" and their handlers in the operational services;
- the official did not perform any acts for which the bribe is alleged;
- the negotiations lack specifics on the amount and "service" — only hints;
- the arrest occurs immediately after the transfer, indicating a pre-planned operation.
Challenging official status
Not every employee is an "official" within the meaning of Art. 285 of the Criminal Code. A technical executor, an employee of a commercial organization, an "assistant" without administrative functions — here it is often possible to challenge the status of the subject itself.
In bribery cases, the first thing we study is not the amount, but the materials of operational-investigative activity. It is there that procedural violations most often surface, which cast doubt on the entire evidentiary base.
Analysis of operational materials
- legality of the operational experiment (Art. 8 of the Federal Law "On Operational-Investigative Activity");
- existence of a decision on conducting the OIA approved by the head of the agency;
- correctness of audio and video recordings, their editing, completeness;
- role of persons involved in the transfer of money under control.
Reclassification
Possible directions:
- from attempted bribe taking to petty bribery (Art. 291.2);
- from mediation to complicity in giving or receiving;
- from a group of persons to a personal action;
- removal of the aggravating factor "large / especially large amount".
Penalty: what is considered
Even where the charge is confirmed, there is room for mitigation:
- turning oneself in, active assistance to the investigation;
- voluntary reporting of the offense (for the bribe giver — exemption from liability under the note to Art. 291);
- forced nature of the transfer — extortion by the official;
- family circumstances, health condition, positive character references.
What to remember
Bribery cases are rarely won on bare denial. Work proceeds along the following lines: assessment of OIA materials → analysis of qualification → work on the status of the subject → mitigating circumstances. Early involvement of defense counsel allows influence on all these nodes.
If you or a loved one is facing a "bribery" charge — start with a consultation with a narrow-specialist attorney. Before the first interview, it is advisable to understand at least the general outline of the charge.