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2008 Assessment

Somalia: Integrity Indicators Scorecard

Somalia : Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
73 Is there legislation criminalizing corruption? 100

Indicator and sub-Indicator Details

73 Is there legislation criminalizing corruption?
 
  73a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments:

References: Article 249, Somali Penal Code, Paragraph 1: "Whoever offers or promises money or other benefit, as a ward not due to a public officer or a person entrusted with a public service in order to induce him to perform an act pertaining to his office or service, shall be liable, where the offer or promise is not accepted to the punishment prescribed in the first paragraph of article 245, reduced by one-third."

  73b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments:

References: Article 485, the Somali Penal Code, Paragraph 1: "Whoever, for the purpose of obtaining for himself, or for another a wrongful gain, by mean of violence against the person or treat, takes any movable property of another depriving him of his passion thereof shall be punished with imprisonment from three to ten years and with fine from Sh.So. 5,000 to 20,000 (US$4-US$14).".

  73c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Article 249, Somali Penal Code, Paragraph 1: "Whoever offers or promises money or other benefit, as a ward not due to a public officer or a person entrusted with a public service in order to induce him to perform an act pertaining to his office or service, shall be liable, where the offer or promise is not accepted to the punishment prescribed in the first paragraph of article 245, reduced by one-third."

  73d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Article 245, Paragraph 1: " A public officer who for performance of an act pertaining to his office, receives, for himself or for a third party, any sum of money or any other benefit, as a reward which is not due to him, or accept the promise of sum of money or any other benefit, shall be punished with imprisonment up to three years and with fine from Sh.So. 500 to 10,000 (US$0.35-US$7)."

  73e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments:

References: Article 189: "A citizen who even indirectly receives or obtains from foreigner a promise of money or of any benefit for himself or for others, or accept a promise thereof, with object of performing act contrary to national interest, shall be punished, where the act does not constitute a more serious offence, with imprisonment from three to ten years and with fine from Sh.so. 5,000 to 10,000.(US$3.51-US$7.02)."

  73f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Article 251, Somali Penal Code: "A public officer who, directly or through an intermediary, or with deceptive actions, takes a private interest in any act of public Administration under which he serves, shall be punished with imprisonment from six months to five years and with fine up to from Sh.So 1,000 to 20,000 (US$:1.00-US$14)."

  73g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Article 251, Somali Penal Code: "A public officer who, directly or through an intermediary, or with deceptive actions, takes a private interest in any act of public Administration under which he serves, shall be punished with imprisonment from six months to five years and with fine up to from Sh.So 1,000 to 20,000 (US$1.00-US$14)."

  73h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments:

References: Article 496. Somali Penal Code: "Whoever by deceit or subterfuge, leads another into error and obtains for himself or another a wrongful gain to the detriment of another, shall be imprisoned from six to three years and fined from Sh.So. 500 to 10,000 (US$0.35-US$7)."

  73i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments:

References: Article 233, Somali Penal Code: "Where three or more persons associate for purpose of committing any of the crime and those who promote, constitute, organize or direct the association shall be punished, for such act alone, with imprisonment from five to twelve years."

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