How to fight corruption - using the corruption and abuse office offense of the Solomon Islands Penal Code. Presented at the opening of the Prosecutor's Workshop, 12- 14 November 2013. "Building Prosecutor Capacity; Dismantling the Web of Corruption. Hosted by the Office of the Director of Public Prosecutions as part of the mutual evaluation review for UNCAC. With presentation from the UNODC representative in Fiji

1. Corruption Offenses in
Solomon Islands
Brian Pinkowski, J.D.

2. Main Points
• Anti-corruption - generally.
• Criminal law in anti-corruption.
• Corruption offenses.

3. General Anti-Corruption

4. Anti-Corruption

5. Failed Nations
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Aragon
Austro-Hungarian Empire
Aztec Empire
Belgian Congo
Bohemia
British Honduras
British India
Byzantine Empire
Castille
Central African Empire
Ceylon
Confederate States of America
Czechoslovakia
Democratic Kampuchea
Dutch East Indies
East Germany
Empire of Japan
French Indochina
Gran Colombia
Hesse
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Holy Roman Empire
Incan Empire
Khmer Republic
Malaya
Manchukuo
Mayan Empire
Mesopotamia
New Spain
North Vietnam
Ottoman Empire
Palestine
Persia
Prussia
Republic of Texas
Rhodesia
Roman Empire
Roman Kingdom
Roman Republic
Russian Empire
Siam
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South Vietnam
Sumeria
Tibet
Transjordan
Soviet Socialist Republics
West Germany
Yugoslavia
Zaire

6. Anti-Corruption
• Power outages caused the corruption of the computer
files.
• The earth was corrupt before God, and the earth was
filled with violence.
• He seeing this before spake of the resurrection of Christ,
that his soul was not left in hell, neither his flesh did see
corruption. (Acts 2:31)
• Constant criticism caused the corruption of staff spirit.

7. Part X: Corruption and
Abuse of Office

8. Strengthening the Boundaries

9. Weak Boundaries and Collapse of Government.

10. Importance of Prosecution of Corruption
• Prosecution (with Courts and Police) is critical to clarify
and strengthen the boundaries about what is acceptable
and unacceptable in society.
• Failure to do so causes the decay of the government,
and ultimate collapse of society.
• Your job is very important.

11. Part X: Corruption and Abuse of Office
• 11 Sections
• Seven (7) dealing with acts of public service employees.
• Three (3) - personating or acting with government authorized.
• One (1) - threats to public servants.
• Two (2) Felonies (Official Corruption and Abuse of Office)

12. Official Corruption: Section 91
• Public service employee
• “Corruptly asks for, solicits, receives or obtains, or agrees or
attempts to received or obtain any property or benefit . . . in the
discharge of the duties of his office; or
• “corruptly give, confers, or procures or promises or offers to give
or confer, or to procure, or attempt to procure” . . . “on account of
any such act or omission of the part os the person so employed.”
• Felony - “liable to imprisonment for seven years.”

13. Official Corruption: Section 91
• Examples:
• Cars clearing customs.
• Giving a shipping contract to a family member without proper
process.
• Felony - “liable to imprisonment for seven years.”

14. Extortion by Public Officers: Section 92
• Public Service Employee
• any reward beyond his proper pay . . . or any promise of such
• for performance of his duty
• Misdemeanor - “liable to imprisonment for three years.”

15. Extortion by Public Officers: Section 92
• Example:
• Airport Customs - clears luggage without inspection for SBD $500.

16. Public Officers Receiving Property to Show Favour: Section
93
• Public Service.
• receives property or benefit on the understanding that he shall
favour . . .
• Misdemeanor - six months.

17. Public Officers Receiving Property to Show Favour: Section
93
• Example:
• Procurement bribe.

18. Officers Charged with Administration of Property of a
Special Character or with Special Duties: Section 94
• Public Service
• judicial or admin duties, or
• manufacture, trade or business of special characters
• and acquired or holding a private interest
• official duties with respect to that interest.
• Misdemeanor - one year

19. Officers Charged with Administration of Property of a
Special Character or with Special Duties: Section 94
• Example:
• Judge tries case affecting business contract. Has ownership in
business.
• Fisheries Official issues permit to company in which he owns
shares.

20. False Claims by Officials: Section 95
• Public Service
• furnish returns or statements . . . payable to himself or [another]
• false in any material particular.
• Misdemeanor -

21. False Claims by Officials: Section 95
• Example:
• Travel Reimbursement claim with false receipts.

22. Change of Pace Picture

23. Abuse of Office: Section 96
• Public Service.
• does or directs to be done, in abuse of the authority
• “any arbitrary act prejudicial to the right of another.”
• Misdemeanor • But if done for the purpose of gain - Felony - Three Years

24. Abuse of Office: Section 96
• Example:
• Prosecutor brings an unfounded criminal investigation out of spite Misdemeanor.
• Prosecutor brings a criminal investigation to force a contract to help
a family member - Felony.

25. False Certificates by Public Officers: Section 97
• Authorised or required by law,
• Gives a certificate which is false in any material particular (mens
rea)
• Misdemeanor -

26. False Certificates by Public Officers: Section 97
• Example:
• I take a false university degree from USP to Public Solicitor’s
Office for certification.
• knowing its false - is certified.

27. Unauthorised Administration of Oaths: Section 98
• Administers an oath, or takes a solemn declaration or affidavit . . .
with respect to which he has not by law any authority to do so
• Misdemeanor -

28. Unauthorised Administration of Oaths: Section 98
• Example:
• Unlicensed Attorney - takes affidavit.

29. False Assumption of Identity: Section 99
• acts as judicial officer;
• acts as having authority to administer oath . . .
• represents himself to be a person authorised by law testifying to the
contents of any register to sign a document kept by lawful authority .
. .”
• misdemeanor

30. False Assumption of Identity: Section 99
• Example:
• Personating a Justice of the Peace.

31. Personating Public Officers: Section 100
• personates . . . public service . . .
• falsely represents himself to be a person employed in the public
service, and assumes to do any act . . .
• misdemeanor - three years.

32. Personating Public Officers: Section 100
• Example:
• Pretending to be a Customs Official to release goods.

33. Threat of Injury to Persons . . . Public Service:
Section 101
• Whoever holds out any threat of injury to any person employed in
the public service, . . .
• for the purpose of inducing that person . . .
• to act, or forbear or delay . . . the exercise of the public functions . ..
• misdemeanor • Requires the Sanction of the DPP.

34. Threat of Injury to Persons . . . Public Service:
Section 101
• Example: A person threatens a prosecutor with harm for pursuing a
case.

35. Summary

36. Criminal Law in Anti-Corruption
• Punishment and threat of punishment is a weak tool for behavior
modification.
• Prosecution (with Courts and Police) is critical to clarify and
strengthen the boundaries about what is acceptable and
unacceptable in society.
• Failure to do so causes the decay of the government, and ultimate
collapse of society.
• Your jobs are very important.

37. Part X: Corruption and Abuse of Office
• 11 Sections - with examples
• Seven (7) dealing with acts of public service employees.
• Three (3) - personating or acting with government authorized.
• One (1) - threats to public servants.
• Two (2) Felonies (Official Corruption and Abuse of Office)

38. End