Article 139

Any agent who, directly or indirectly, corruptly:

accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person or entity, any undue advantage, or any valuable consideration, as an inducement or reward for carrying out or desisting from carrying out any act in relation to his principal’s affairs or business, or for showing favor or disfavor to any person in relation to his principal’s affairs or business; or

knowingly uses, with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any particular material, and which to his knowledge is intended to mislead the principal,

an offence under this Article for an amount not exceeding 100,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 8 serious offence, punishable with a definite term of imprisonment of not less than 3 years and not more than 5 years;

an offence under this Article for an amount between 100,001 and 1,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 7 serious offence, punishable with a definite term of imprisonment of not less than 5 years and not more than 7 years;

an offence under this Article for an amount between 1,000,001 and 5,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 6 serious offence, punishable with a definite term of imprisonment of not less than 7 years and not more than 10 years;

an offence under this Article for an amount exceeding 5,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 5 serious offence, punishable with a definite term of imprisonment of not less than 10 years and not more than 13 years.

It shall not be a defense that the agent did not:

carry out, or desist from carrying out; or

intend to carry out, or intend to desist from carrying out any act for which the inducement or reward was received or sought.