Bribery

The offence of bribery occurs when you, as an employee, contractor or elected representative, receive, request or do not refuse an inappropriate or improper benefit for your work or assignment. This can be anything from purely financial transactions to travel, dinners, etc. This also applies if you receive a benefit for someone other than yourself, such as a relative or good friend. There need not be a causal link between the benefit and the way the employee/equivalent performs their work, i.e. the receipt of the bribe does not necessarily mean that the giver actually benefits.

‘Giving a bribe’ means giving, promising or offering an inappropriate or improper benefit to an employee/equivalent. It is also considered as giving a bribe to accept a request from an employee/equivalent to receive an inappropriate or improper benefit. 

It is also a criminal offence to receive, accept a promise of, or claim an inappropriate or improper benefit for the purpose of enforcing another's decision or action in the exercise of public authority or public procurement. Correspondingly, it is a criminal offence to give, promise or offer someone an inappropriate or improper benefit for him or her to influence another person’s decision or action in the exercise of public authority or public procurement.

See more about bribery on, for example, the non-profit organisation The Swedish Anti-Corruption Institute (Sw: Institutet Mot Mutor) website.

The provisions on bribery are laid down in the Swedish Criminal Code; see Chapter 10, Sections 5 a-e. Anyone guilty of bribery can be sentenced to a fine or imprisonment. There may also be labour legislation consequences. Those who give or take a bribe may also be liable towards the recipient's employer.

Public employees have a special responsibility with regard to bribery. Employees/equivalent at Mid Sweden University must not even be suspected of being influenced by irrelevant wishes or considerations in their work.

Ask yourself the questions:

• Is this a benefit and why is it offered to me?
• Is there a link between the benefit and my work?
• How is the benefit designed and what is it worth?
• What influence do I have on my employer's relationship with the person offering the benefit?

Some examples:

• Occasional justified work meals of an everyday nature
• Smaller samples of goods or simple trinkets and memorial gifts
• Ordinary celebration on birthdays and reception in case of illness

Some examples:

• Money gifts in cash, security or similar
• Money loans on particularly favourable terms
• Surety or indebtedness
• Purchase-sum or claim, amortization or interest payment remitted
• Bonus arrangements, for example, in the case of purchases of goods or air travel and hotel stays, if the benefit accrues to the employee and not the employer
• Have the use of a vehicle, boat, holiday home or similar for private use
• Fully or partially paid leisure or holiday trips
• Cinema tickets, tickets for various shows, etc. that have nothing to do with the employment

With regard to other offers of benefits, there is a grey area where a legitimacy assessment must always be made. The risk increases with the value of the gift. A good way for you as an employee to avoid risk is to completely refrain from gifts and benefits. A gift you have not received can never be regretted!

In the first place, ask questions to your closest principal, and in the second place, ask questions to the legal department.

Remember that the standpoint is always your own. The ‘acceptance’ of a benefit by your principal or other person does not guarantee that bribery is excluded.