In principle, given the broad definitions of the corruption and influence peddling offenses, all kinds of corrupt practices are captured, not subject to any particular exceptions.

There are no affirmative defenses specifically applicable to corruption or influence peddling offenses. Only common criminal law affirmative defenses (error of law, state of necessity, etc.) are potentially applicable, but such defenses are rarely upheld. Likewise, as the mere attempt to corrupt or peddle influence is punishable, abandonment or renunciation of the crime (i.e., voluntary withdrawal of the defendant’s criminal purpose) is not a valid defense. Ultimately, whether a case is prosecuted is subject to the discretion of the Public Prosecutor, which will consider the circumstances, including the seriousness of the misconduct.

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