This law defines criminal corrupt conduct by people in public life and creates a dedicated Special Prosecutor's Office to receive complaints, investigate breaches, and prosecute corrupt actions in Saint Kitts and Nevis.
Think of this law like appointing an independent, full-time referee specifically to watch public officials and government workers. If a politician or public officer accepts a bribe, misuses government vehicles or property, or takes money to give someone a public job or contract, this law gives a Special Prosecutor the legal power to investigate them and take them to court.
The law strictly forbids government officers and officials from doing any of the following:
- Demanding, accepting, or offering bribes, kickbacks, or personal favours in exchange for official actions
- Using government money, property, or vehicles for private gain or political party activities
- Buying, selling, or negotiating appointments to public offices
- Subscribing to election funds to win or keep government contracts
- Failing to report bribery attempts within 28 days
Any person who reasonably believes a public official is engaging in corrupt conduct can submit a written complaint directly to the Special Prosecutor. Furthermore, if a public official is offered a bribe, or if a member of the public is asked for a bribe by an official, they must report the incident to the Special Prosecutor within 28 days.
Penalties depend on the level of the offence:
- Minor corrupt conduct (tried summarily): A fine up to $30,000, up to 1 year in prison, or both.
- Serious corrupt conduct, abuse of office, or fraud (tried on indictment): A fine up to $100,000, up to 3 years in prison, or both.
- Failing to report a bribe offer within 28 days: A fine up to $30,000, up to 1 year in prison, or both.
- Forfeiture: Courts can order illegal property located in Saint Kitts and Nevis to be forfeited to the State, or order payment of an equivalent value for property held abroad.
This law comes into force on a day chosen by the Minister of Legal Affairs through an Order published in the Official Gazette.
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