Pursuant to Article 319-quater of the Criminal Code, a public official is guilty of the offense of “unlawful inducement to give or promise anything of value” when he or she, by abusing his or her quality or powers, induces someone to unlawfully give or promise to him/her or to a third party, money or other things of value. The person given or promising money or other things of value is also punishable under this Article.
lt should be noted that a different offense (“extortion committed by a public official” (Article 317 of the Criminal Code)) applies where a person is “forced” by the public official to give or promise a bribe: in such cases, that person is considered the victim of the crime.