The Crime of Bribery under the Jordanian Penal Code

1. Definition of the Crime of Bribery in Jordanian Law

Bribery is:

Any unlawful agreement or dealing between a public official (or a person treated as one) and another person, in which the official requests or accepts a benefit (financial or non-financial) in return for performing an act of his office or refraining from it.

2. The Legal Provisions (Articles 170, 171 and 173 of the Jordanian Penal Code)

🔹 Article 170 –

Accepting a Bribe

It punishes:

• Every public official or person treated as one

• Who accepts or takes a benefit (for himself or for another)

📌 In return for:

• Performing an act of his office

• Or refraining from an act

✅ The penalty:

• Imprisonment for not less than two years

• A fine equal to the value of the bribe

🔹 Article 171 –

Requesting a Bribe

It punishes:

• The official who requests a bribe, even if it is not paid

✅ The penalty:

• Temporary labor

• A fine equal to the value of what was requested

📌 Important note:

👉 The mere request is enough to constitute the crime, even without receiving the money

🔹 Article 173 –

Offering a Bribe (the Briber)

It punishes:

• Every person who offers a bribe to an official

✅ The penalty:

• Imprisonment from 3 months upward

• A fine of 10 to 200 Jordanian dinars (JOD)

3. Exemption from Penalty (Article 172)

Exempted are:

• The briber

• The bribe-taker

• The intermediary

4. Is Bribery a Felony or a Misdemeanor?

🔴 It is a

felony

if:

• The bribe was requested or accepted by the official

• There is an intent to exploit the office

• There is a benefit in return for an official act

👉 The penalty is often:

• Temporary labor or aggravated imprisonment

🟡 It is a

misdemeanor

if:

• It was merely an offer of a bribe

• Or mediation

• Or the full agreement was not reached

👉 For example:

• A person offers a bribe and it is not accepted

⚠️ Important note:

• Receiving the bribe is not required for the crime to exist
  ✔️ The mere request or offer is enough

5. Elements of the Crime of Bribery

1. The Material Element

It includes:

• Requesting, accepting or offering a benefit

• Its connection to a public office

2. The Mental Element

It includes:

• Criminal intent (the intent to corrupt)

• Knowledge that the act is unlawful

6. Types of Bribery

1. Passive bribery: by the official (request/acceptance)

2. Active bribery: by the briber (offer/giving)

3. Direct: direct handover

4. Indirect: through an intermediary or another person