The international fight against corruption
Most legal systems are traditionally familiar with the offence of corruption. It was conceived as an offence against public order (infraction contre l’ordre public), which allowed sanctioning behaviour by public officials who misused their public office in exchange for undue advantages and the behaviour of private persons aimed at inducing public officials into this type of behaviour. The French Napoleonic Code pénal of 1810 introduced tough penalties to combat corruption in public life and as such constituted the legal epitome of the modern, nineteenth-century State’s concern to make public officials' misuse of their offices a serious offence against public confidence in the administration's probity and impartiality. After the French revolution, the political idea that government powers are derived from the people and hence should be used only to the interest of the people became firmly entrenched. It is this fundamental modern, democratic political concept, which lies at the basis of the criminalisation of corruption.
Journal/Publisher: Revue internationale de droit pénal, Volume 72
Publication type: Article
Number of pages/Page range: 891-937
Language/s (content): English
Date of publication: 01-03-01
Personal data
Full name Guy STESSENS
Current occupation Member
University/Institution General Secretariat of the Council of the European Union
Address Rue de la Loi 175
Postal code B-1048 Brussels
Telephone 0032 2 2816711