Influence peddling What is it?

Influence peddling is an unlawful practice in which a person uses his or her position of power or influence for personal gain or to favour others. It is the improper use of influence, authority, personal or political relationships to gain unfair or illegal advantages or benefits. Therefore, a criminal lawyer is the right person to help you with these issues.

These types of practices can occur in different areas, such as in politics, business or even in the personal sphere. Examples of influence peddling can be using contacts in the government to obtain public contracts, obtaining a job in a company thanks to a personal relationship with someone influential in the company, or the granting of a permit or licence by an authority in exchange for a favour.

Influence peddling is considered a criminal offence in most countries, and can result in criminal and administrative sanctions for those who commit it. Penalties can include fines, loss of political rights, removal from public office, imprisonment or even disqualification from holding public or business office in the future.

How is the offence of trading in influence punished?

The punishment for the offence of trading in influence varies depending on the country and local law. In some countries, trading in influence is considered a serious offence and can be punished with prison sentences ranging from a few years to several decades, depending on the seriousness of the offence. In addition, in some cases, the return of illegally obtained benefits can be ordered, as well as the confiscation of assets acquired with these benefits.

In other countries, trading in influence is considered an administrative offence and may be punishable by fines, temporary or permanent disqualification from holding public office, loss of political rights or prohibition from doing business with the government.

In general, the severity of the sanction depends on the seriousness of the offence, the amount of benefits illegally obtained, and the position or public office of the individual committing the offence.

What legislation regulates trading in influence?

Trading in influence is a crime that is regulated by different regulations depending on the country and local legislation.

At the international level, there are several conventions and agreements that seek to prevent and punish trading in influence. For example, the United Nations Convention against Corruption, adopted in 2003, establishes measures to prevent and combat corruption, including trading in influence. There are also regional conventions, such as the Inter-American Convention against Corruption, adopted in 1996.

At the national level, each country has its own legislation to regulate trading in influence. In some countries, such as Spain, trading in influence is criminalised in the Penal Code. In others, such as the United States, it is regulated by specific laws, such as the Foreign Corrupt Practices Act.

Who is the actor in trading in influence?

The actor in influence peddling is the person who uses his or her position of power or influence to obtain personal benefits or to favour third parties. The actor can be any person who has the ability to influence the decision-making of other persons or institutions, such as politicians, business people, public officials, opinion leaders or any other person in a position of power or influence.

In some cases, the actor may act directly, offering or receiving benefits in exchange for favours or concessions. In other cases, the actor may act indirectly, using his or her personal or political relationships to influence decision-making or obtain benefits.

In any case, the actor in trading in influence is the one who uses his or her position of power or influence to obtain illegal or unfair benefits, and is therefore responsible for the commission of this offence.

Difference between bribery and influence peddling

Bribery and trading in influence are two offences related to corruption and the illegal obtaining of benefits. Although both offences have similarities, there are some important differences between them.

Bribery refers to the conduct of offering or receiving bribes to obtain some kind of benefit, whether in the public or private sector. In other words, bribery involves a direct act of corruption, where a person pays or receives a bribe to obtain an illicit benefit.

Trading in influence, on the other hand, involves the improper use of influence or position of power to obtain benefits, either for oneself or for others. Unlike bribery, influence peddling does not necessarily involve the direct exchange of money or goods, but can be a favour, an arrangement or any other form of assistance given in exchange for some benefit.

Another important difference is that in bribery, both the bribe giver and the bribe taker are held responsible for the offence, whereas in influence peddling only the person who uses his or her position of power or influence to obtain benefits is held responsible.