Corruption Offenses in the Solomon Islands

Corruption Offenses in

Solomon IslandsBrian Pinkowski, J.D.

Main Points

• Anti-corruption - generally.

• Criminal law in anti-corruption.

• Corruption offenses.

General Anti-Corruption

Anti-Corruption

Failed Nations

• Aragon

• Austro-Hungarian Empire

• Aztec Empire

• Belgian Congo

• Bohemia

• British Honduras

• British India

• Byzantine Empire

• Castille

• Central African Empire

• Ceylon

• Confederate States of America

• Czechoslovakia

• Democratic Kampuchea

• Dutch East Indies

• East Germany

• Empire of Japan

• French Indochina

• Gran Colombia

• Hesse

• Holy Roman Empire

• Incan Empire

• Khmer Republic

• Malaya

• Manchukuo

• Mayan Empire

• Mesopotamia

• New Spain

• North Vietnam

• Ottoman Empire

• Palestine

• Persia

• Prussia

• Republic of Texas

• Rhodesia

• Roman Empire

• Roman Kingdom

• Roman Republic

• Russian Empire

• Siam

• South Vietnam

• Sumeria

• Tibet

• Transjordan

• Soviet Socialist Republics

• West Germany

• Yugoslavia

• Zaire

Anti-Corruption

• Power outages caused the corruption of the computer

files.

• The earth was corrupt before God, and the earth was

filled with violence.

• He seeing this before spake of the resurrection of Christ,

that his soul was not left in hell, neither his flesh did see

corruption. (Acts 2:31)

• Constant criticism caused the corruption of staff spirit.

Part X: Corruption and

Abuse of Office

Strengthening the Boundaries

Weak Boundaries and Collapse of Government.

Importance of Prosecution of Corruption

• Prosecution (with Courts and Police) is critical to clarify

and strengthen the boundaries about what is acceptable

and unacceptable in society.

• Failure to do so causes the decay of the government,

and ultimate collapse of society.

• Your job is very important.

Part X: Corruption and Abuse of Office

• 11 Sections

• Seven (7) dealing with acts of public service employees.

• Three (3) - personating or acting with government authorized.

• One (1) - threats to public servants.

• Two (2) Felonies (Official Corruption and Abuse of Office)

Official Corruption: Section 91

• Public service employee

• “Corruptly asks for, solicits, receives or obtains, or agrees or

attempts to received or obtain any property or benefit . . . in the

discharge of the duties of his office; or

• “corruptly give, confers, or procures or promises or offers to give

or confer, or to procure, or attempt to procure” . . . “on account of

any such act or omission of the part os the person so employed.”

• Felony - “liable to imprisonment for seven years.”

Official Corruption: Section 91

• Examples:

• Cars clearing customs.

• Giving a shipping contract to a family member without proper

process.

• Felony - “liable to imprisonment for seven years.”

Extortion by Public Officers: Section 92

• Public Service Employee

• any reward beyond his proper pay . . . or any promise of such

• for performance of his duty

• Misdemeanor - “liable to imprisonment for three years.”

Extortion by Public Officers: Section 92

• Example:

• Airport Customs - clears luggage without inspection for SBD $500.

Public Officers Receiving Property to Show Favour: Section

93

• Public Service.

• receives property or benefit on the understanding that he shall

favour . . .

• Misdemeanor - six months.

Public Officers Receiving Property to Show Favour: Section

93

• Example:

• Procurement bribe.

Officers Charged with Administration of Property of a

Special Character or with Special Duties: Section 94

• Public Service

• judicial or admin duties, or

• manufacture, trade or business of special characters

• and acquired or holding a private interest

• official duties with respect to that interest.

• Misdemeanor - one year

Officers Charged with Administration of Property of a

Special Character or with Special Duties: Section 94

• Example:

• Judge tries case affecting business contract. Has ownership in

business.

• Fisheries Official issues permit to company in which he owns

shares.

False Claims by Officials: Section 95

• Public Service

• furnish returns or statements . . . payable to himself or [another]

• false in any material particular.

• Misdemeanor -

False Claims by Officials: Section 95

• Example:

• Travel Reimbursement claim with false receipts.

Change of Pace Picture

Abuse of Office: Section 96

• Public Service.

• does or directs to be done, in abuse of the authority

• “any arbitrary act prejudicial to the right of another.”

• Misdemeanor -

• But if done for the purpose of gain - Felony - Three Years

Abuse of Office: Section 96

• Example:

• Prosecutor brings an unfounded criminal investigation out of spite -

Misdemeanor.

• Prosecutor brings a criminal investigation to force a contract to help

a family member - Felony.

False Certificates by Public Officers: Section 97

• Authorised or required by law,

• Gives a certificate which is false in any material particular (mens

rea)

• Misdemeanor -

False Certificates by Public Officers: Section 97

• Example:

• I take a false university degree from USP to Public Solicitor’s

Office for certification.

• knowing its false - is certified.

Unauthorised Administration of Oaths: Section 98

• Administers an oath, or takes a solemn declaration or affidavit . . .

with respect to which he has not by law any authority to do so

• Misdemeanor -

Unauthorised Administration of Oaths: Section 98

• Example:

• Unlicensed Attorney - takes affidavit.

False Assumption of Identity: Section 99

• acts as judicial officer;

• acts as having authority to administer oath . . .

• represents himself to be a person authorised by law testifying to the

contents of any register to sign a document kept by lawful authority .

. .”

• misdemeanor

False Assumption of Identity: Section 99

• Example:

• Personating a Justice of the Peace.

Personating Public Officers: Section 100

• personates . . . public service . . .

• falsely represents himself to be a person employed in the public

service, and assumes to do any act . . .

• misdemeanor - three years.

Personating Public Officers: Section 100

• Example:

• Pretending to be a Customs Official to release goods.

Threat of Injury to Persons . . . Public Service:

Section 101

• Whoever holds out any threat of injury to any person employed in

the public service, . . .

• for the purpose of inducing that person . . .

• to act, or forbear or delay . . . the exercise of the public functions . ..

• misdemeanor -

• Requires the Sanction of the DPP.

Threat of Injury to Persons . . . Public Service:

Section 101

• Example: A person threatens a prosecutor with harm for pursuing a

case.

Summary

Criminal Law in Anti-Corruption

• Punishment and threat of punishment is a weak tool for behavior

modification.

• Prosecution (with Courts and Police) is critical to clarify and

strengthen the boundaries about what is acceptable and

unacceptable in society.

• Failure to do so causes the decay of the government, and ultimate

collapse of society.

• Your jobs are very important.

Part X: Corruption and Abuse of Office

• 11 Sections - with examples

• Seven (7) dealing with acts of public service employees.

• Three (3) - personating or acting with government authorized.

• One (1) - threats to public servants.

• Two (2) Felonies (Official Corruption and Abuse of Office)

End