The present study examines the crime of passive bribery, dependent variable. Whilst the independent variable or explanatory focuses on knowing if this type of criminal offense is mostly committed by civil servants or politicians. The research is based on the analysis of a sample of thirty-two sentences of the Supreme Court; therefore, it is a study of cases. Research method will confirm the baseline hypothesis, that this criminal conduct is more typical of civil servants. Despite the deep-rooted belief in society that the active subject is usually the politician. Image transmitted by the interest of the political parties in using these judicial processes as a weapon against the adversary. Which ultimately prevents having an accurate diagnosis of the evil and consequently obtain the necessary solutions to reducing it.