Lex Mundi Global Anti-Corruption Compliance Guide |
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Honduras |
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| (Latin America/Caribbean) Firm Gufa Law Updated 01 Feb 2022 | |
| What is the key anti-bribery and corruption legislation in your jurisdiction? | The Honduran Criminal Code prohibits several forms of corruption such as embezzlement of public funds, negotiations incompatible with the exercise of public functions, bribery, fraud, legal exaction, and illicit enrichment of public servants. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | The Code of Ethical Conduct of the Public Servant was enacted in 2007 and prescribes duties and prohibitions applicable to any person exercising public functions. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes, under article 366 of the Criminal Code. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes, article 366-A of the Criminal Code prohibits offering or giving, directly or indirectly, an economic benefit to a foreign government official or employee of an international organization. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, under articles 361-365, 369 of the Criminal Code. |
| Who is subject to the legislation? |
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| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, articles 366 and 366-A of the Criminal Code apply to corporate entities. |
| What is the penalty for individuals violating the law? | For committing domestic bribery, the penalty is imprisonment ranging from five to seven years, plus absolute disqualification for the duration of the term of imprisonment, irrespective of any penalty applicable to the offense committed because of the gift or promise. For committing transnational bribery, the penalty is imprisonment ranging from five to seven years, plus special disqualification equal to the time of imprisonment. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | In the case of domestic bribery, the penalties are:
In the case of transnational bribery, the penalties are:
The foregoing is irrespective of the criminal liability of the legal representative of the legal entity. Civil liability will fall on the legal person. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | No. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Under Honduran Criminal Law, there is a concept called "criterio de oportunidad" that allows the Public Ministry to abstain from prosecuting a case or parts of it (i.e., limiting it to a subset of offenses or defendants). Such abstention is provided for cases of organized crime, violent crimes involving groups or gangs, or serious crimes of complex execution that (1) hinder their investigation and prosecution; and (2) where the accused (i) cooperates effectively with the investigation; (ii) provides specific information to prevent the crime from continuing or others from being committed; (iii) helps clarify the facts investigated or other related facts; or (iv) provides useful information to prove the participation of third parties. Such abstention is allowed provided that the cooperator’s criminal conduct is less serious than the punishable conduct the cooperator assists the Ministry to pursue or the crime that he/she helps prevent. |
Lex Mundi Global Anti-Corruption Compliance Guide
The Honduran Criminal Code prohibits several forms of corruption such as embezzlement of public funds, negotiations incompatible with the exercise of public functions, bribery, fraud, legal exaction, and illicit enrichment of public servants.
The Code of Ethical Conduct of the Public Servant was enacted in 2007 and prescribes duties and prohibitions applicable to any person exercising public functions.
Yes, under article 366 of the Criminal Code.
Yes, article 366-A of the Criminal Code prohibits offering or giving, directly or indirectly, an economic benefit to a foreign government official or employee of an international organization.
Yes, under articles 361-365, 369 of the Criminal Code.
- Officials and public employees;
- Arbiters, arbitrators, experts or any persons who perform a public function;
- Any natural person (including foreign nationals); and
- Any legal person (including corporate entities and foreign companies).
Yes, articles 366 and 366-A of the Criminal Code apply to corporate entities.
For committing domestic bribery, the penalty is imprisonment ranging from five to seven years, plus absolute disqualification for the duration of the term of imprisonment, irrespective of any penalty applicable to the offense committed because of the gift or promise.
For committing transnational bribery, the penalty is imprisonment ranging from five to seven years, plus special disqualification equal to the time of imprisonment.
In the case of domestic bribery, the penalties are:
- Suspension of the activities of the legal entity and the closure of its establishments or offices open to the public for a term of two to four years; or
- A fine ranging from L. 100,000.00 to L. 1,000,000.00, depending on the seriousness of the conduct; or double the benefit obtained; or
- A combination of both.
In the case of transnational bribery, the penalties are:
- Suspension of the activities of the legal entity and the closure of its establishments or offices open to the public for a term of two to four years; or
- A fine ranging from L. 100,000 to L. 1,000,000, depending on the seriousness of the conduct, or the benefit obtained; or
- A combination of both.
The foregoing is irrespective of the criminal liability of the legal representative of the legal entity. Civil liability will fall on the legal person.
No.
Under Honduran Criminal Law, there is a concept called "criterio de oportunidad" that allows the Public Ministry to abstain from prosecuting a case or parts of it (i.e., limiting it to a subset of offenses or defendants). Such abstention is provided for cases of organized crime, violent crimes involving groups or gangs, or serious crimes of complex execution that (1) hinder their investigation and prosecution; and (2) where the accused (i) cooperates effectively with the investigation; (ii) provides specific information to prevent the crime from continuing or others from being committed; (iii) helps clarify the facts investigated or other related facts; or (iv) provides useful information to prove the participation of third parties. Such abstention is allowed provided that the cooperator’s criminal conduct is less serious than the punishable conduct the cooperator assists the Ministry to pursue or the crime that he/she helps prevent.