Pursuant to Article 318 of the Criminal Code, “bribery for the performance of a public function” occurs when a public official, in connection with the performance of his or her functions or powers, improperly receives, for him/her or for a third party, money or other things of value or accepts the promise of money or anything of value.

This offense covers both the act of receiving money or other things of value, by the public official, in exchange for the carrying out of a specific act not conflicting with the public official’s duties, as well as any act which makes the public function available to the person giving the bribe, even in the absence of a specific act being performed in exchange for the bribe.