jurisdiction

Mozambique
Source of law 

 Criminal Code  

Law n. º 24/2019 of 24 December  

Offence 

Public Sector :  

Passive corruption for an illegal act  

the solicitation or acceptance by public servants, for themselves or for third parties, acting by themselves or by a third party with their consent or ratification, of a pecuniary advantage or its promise, for any act or omission contrary to the duties of their position, when it is not due;  

Passive corruption for an illicit act:  

the solicitation or acceptance by public servants, for themselves or for third parties, acting by themselves or by a third party with their consent or ratification, of a pecuniary advantage or its promise, for any act or omission for acts not contrary to the duties of their position.  

Crime of active corruption  

This applies to anyone who, by themselves or through an intermediary with their consent or ratification, gives or promises to a public servant, or to a third party with his or her knowledge, a pecuniary or non-pecuniary advantage that is not due to the public servant, for an illicit or licit act. 

Private Sector:  

Crime of active corruption  

The granting by employees of the private sector, by themselves or with their consent or acknowledgement, of a pecuniary or non-pecuniary advantage for the performance of any act or omission that constitutes a breach of their functional duties. 

Crime of passive corruption

The solicitation by employees of the private sector, by themselves or with their consent or acknowledgement, of a financial or non-financial advantage for the performance of any act or omission that constitutes a breach of their functional duties. 

It is important to note that, under the terms of the Anti-Money Laundering Law, the crime of corruption is a crime that precedes the crime of money laundering. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Depends on intent 
Would corporate hospitality be caught? Depends on intent 
Is there any de minimis? No 
Does the bribe have to be monetary? It can be a pecuniary or non-pecuniary advantage. 
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside Mozambique?  
Can bribery performed outside Mozambique be caught? Yes  
Does the act also need to be illegal in the foreign country of performance? Yes
Who can be liable?  
Mozambican nationals? Yes
Mozambican company? Yes  
Partnership (including limited liability partnerships) incorporated in Mozambique? 

 

Yes

Director of Mozambican company? Yes
Mozambican company if the bribe is committed abroad by its foreign subsidiary? 

 

Yes

Foreign subsidiary of a Mozambican company if the bribe is committed abroad? No
Foreign national/company/partnership if bribe is committed in Mozambique? Yes
Foreign national domiciled or “ordinarily resident” in Mozambique if bribe is committed outside Mozambique? Yes
Foreign company/partnership if bribe is committed abroad? No 
Penalties  
Penalties include: 

The crime of passive corruption for an illicit act, in the public sector, is punishable by a prison sentence of 1 to 8 years and a fine of up to 2 years.  

The crime of passive corruption for a licit act in the public sector is punishable by a prison sentence of 1 to 5 years and a fine of up to 1 year.  

The crime of active corruption for a licit act in the public sector is punishable by imprisonment of 6 months to 5 years and, in the case of an illicit act it is punishable by imprisonment of up to 2 years.  

The crime of passive corruption in the private sector is punishable by a prison sentence of up to two years and a fine of up to one year. If the act or omission in question is likely to cause distortion of competition or damage to the employer's assets, the prison sentence may be from 1 to 5 years.  

The crime of active corruption in the private sector is punishable by a prison sentence of up to 2 years and a fine of up to 1 year and, if the act or omission is likely to cause distortion of competition or damage to the assets of third parties, it may be punishable by a prison sentence of up to 5 years and a fine of up to 1 year. 

Defences  
Are there any defences available? 

There may be special reduction of the sentence if, before the trial at first instance is concluded, the agent specifically helps to obtain decisive proof for the identification or arrest of others involved, or in some way contributes decisively to the discovery of the truth.  

The agent may be exempted from the sentence if, voluntarily, before committing the act, repudiates the offer or promise accepted, returns the advantage or benefit or, in the case of a fungible item, its value.