[Bribery as proposal or acceptance of a remunerative donation

Abstract

The dogmatic of bribery usually resorted to the notion of an illicit agree-ment, whose conclusion would guide the behavior of the official, and that would exhibit the form of a (pseudo-) synalag-matic contract. Here, the superiority of the alternative model of “remunerative donation” will be defended, based on which the relationship between the requested or accepted benefit and the execution or omission of an action con-nected with the position, as well as the level of determination which should be specified such “official service”.