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The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The Act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf. The penalties for committing a crime under the Act are a maximum of 10 years' imprisonment, along with an unlimited fine, and the potential for the confiscation of property under the Proceeds of Crime Act 2002, as well as the disqualification of directors under the Company Directors Disqualification Act 1986. The Act has a near-universal jurisdiction, allowing for the prosecution of an individual or company with links to the United Kingdom, regardless of where the crime occurred. Described as "the toughest anti-corruption legislation in the world",〔 concerns have been raised that the Act's provisions criminalise behaviour that is acceptable in the global market, and puts British business at a competitive disadvantage. ==Background== Prior to the Act, British anti-bribery law was based on the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, a body of law described as "inconsistent, anachronistic and inadequate".〔Aaronberg (2010) p.4〕 Following the Poulson affair in 1972, the Salmon Committee on Standards in Public Life recommended updating and codifying these statutes, but the government of the time took no action. Similar suggestions were brought up in the first report of the Committee on Standards in Public Life established by John Major in 1994, and the Home Office published a draft consultation paper in 1997, discussing extending anti-bribery and anti-corruption law.〔Sheikh (2011) p.2〕 This was followed by the Law Commission's report ''Legislating the Criminal Code: Corruption'' in 1998.〔Sullivan (2010) p.87〕 The consultation paper and report coincided with mounting criticism from the Organisation for Economic Co-operation and Development, who felt that, despite the United Kingdom's ratification of the OECD Anti-Bribery Convention, its bribery laws were inadequate.〔Anwar (2010) p.125〕 A draft Bribery Bill was announced in the 2002 Queen's Speech, but was rejected by the joint committee examining it. A second consultation paper was issued in 2005 examining the committee's concerns, before the government announced in March that "there was broad support for reform of the current law, but there was no consensus as to how this could be achieved".〔Sheikh (2011) p.3〕 Following a white paper in March 2009, the Bribery Bill, based on the Law Commission's 2008 report ''Reforming Bribery'',〔Editor (2010) p.439〕 was announced in the Queen's Speech. Initially given all-party support after its introduction by Jack Straw in 2009, the Bill was, according to ''The Guardian'', subject to an attempted filibuster by Members of Parliament from the Conservative Party. This followed pressure from the Confederation of British Industry, who worried that the Bill in its original form would hamper the competitiveness of British industry. The Bill was given Royal Assent on 8 April 2010, becoming the Bribery Act 2010, and was expected to come into force immediately. The government instead chose to hold several rounds of public consultations before announcing that it would come into force in April 2011. Following the publication of guidance by the Ministry of Justice, the act came into effect on 1 July 2011.〔(【引用サイトリンク】url=http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-quick-start-guide.pdf )〕 The Ministry of Justice also released a Quick Start Guide,〔(【引用サイトリンク】url=http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-quick-start-guide.pdf )〕 which highlights some key points of the Act. The Quick Start Guide also suggests companies to consult relevant bodies for advice, including the UK Trade and Investment, and the government sponsored Business Anti-Corruption Portal.〔(【引用サイトリンク】url=http://www.justice.gov.uk/downloads/legislation/bribery-act-2010-quick-start-guide.pdf )〕 In October 2011 Munir Patel, a clerk at Redbridge Magistrates Court, became the first person to be convicted under the Bribery Act, along with misconduct in a public office.〔(【引用サイトリンク】 title=Opinion: First conviction proves Bribery Act has sharp teeth )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Bribery Act 2010」の詳細全文を読む スポンサード リンク
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