“European Union official” has the same meaning as “Community official” in Article 1(b) of the Convention;
“national official”—
- (a) in relation to a Member State other than the State, has the meaning it has in Article 1(c) of the Convention, and
- (b) in relation to the State, means an Irish official;
“treaties governing the European Union” has the meaning it has in the European Communities Act 1972.
Location of proceedings relating to offences committed outside State
13. Proceedings for an offence under section 12 may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.
PART 4
Presumptions Relating to Corruption
Presumption of corrupt gift, consideration or advantage
14. (1) Where, in any proceedings against a person for an offence under section 5, 6, 7 or 8, it is proved that—
- (a) a gift, consideration or advantage has been—
- (i) given to an official or a connected person of an official,
- (ii) given to a person while intended to be for the benefit of an official or a connected person of an official, or
- (iii) received by or on behalf of an official or a connected person of an official, and
- (b) the person who gave the gift, consideration or advantage, or on whose behalf the gift, consideration or advantage was given, had an interest in the discharge by the official of any of the functions to which this subsection applies by virtue of subsection (3),
the gift, consideration or advantage shall be presumed to have been given and received corruptly as an inducement to, or reward for, or otherwise on account of, that official doing an act in relation to the performance of any of those functions, unless the contrary is proved.
(2) Where, in any proceedings against a person for an offence under section 5, 6, 7 or 8, it is proved that—
- (a) a gift, consideration or advantage has been—
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