Giving a bribe should be decriminalised (if you’re going to pick one, I personally remain unconvinced).
The bribe taker is in the position of power, and abusing that position to extract a bribe. The one paying the bribe may have little choice.
Reason for being unconvinced that decriminalisation of both acts is a good idea, is that it assumes that either the person receiving or giving the bribe is always the active participant. When in reality the active participant depends on the context.
In a system where bribing is expected, then the receiver will almost always be the one soliciting the bribe, as it’s normalised for them to request and receive bribes. However in systems with low corruption where bribing is not expected, then it’s more likely the giver of the bribe is the active participant. Attempting to get the receiver to accept a bribe they haven’t solicited, in which case they should be punished (even if the bribe isn’t accepted), along with the receiver if they accept.
In my view the mere attempt to give or receive a bribe needs to be punishable. That creates risk for the active party, regardless of outcome. Making the act of attempting a bribe less palatable.
The bribe taker is in the position of power, and abusing that position to extract a bribe. The one paying the bribe may have little choice.
Reason for being unconvinced that decriminalisation of both acts is a good idea, is that it assumes that either the person receiving or giving the bribe is always the active participant. When in reality the active participant depends on the context.
In a system where bribing is expected, then the receiver will almost always be the one soliciting the bribe, as it’s normalised for them to request and receive bribes. However in systems with low corruption where bribing is not expected, then it’s more likely the giver of the bribe is the active participant. Attempting to get the receiver to accept a bribe they haven’t solicited, in which case they should be punished (even if the bribe isn’t accepted), along with the receiver if they accept.
In my view the mere attempt to give or receive a bribe needs to be punishable. That creates risk for the active party, regardless of outcome. Making the act of attempting a bribe less palatable.