根据《刑法典》规定,按照罪行的严重性和罪犯的责任程度进行处罚,惩罚包 括监禁和罚款。审议人员认为,依据加拿大立法确定的腐败罪应受到制裁,并 且制裁考虑到这些罪行的严重程度。某些加重刑罚的因素可适用于公职人员的 地位或腐败活动的范围等。在某些情况下,适用强制性最短监禁期。 虽然职能豁免适用于某些类别的公职人员,包括议员、法官、检察官和一些行 政机关的成员,但这些豁免不会阻碍与腐败相关的刑事调查或起诉。作为“英 联邦代表”的公职人员免于因履行依法授权从事的公职而采取的行动承担个人 责任,但这一豁免并不延及其在机构合法范围之外采取的行动。 加拿大检察官在履行其公共利益职责时行使广泛的自由裁量权,并有责任作出 独立判决。《加拿大公诉机关手册》和保密惯例指令中提供了指南。 《刑法典》列出了针对拘押和有条件释放被起诉人而采取的措施,同时考虑到 有必要确保公共安全和被告在后续诉讼中出庭。《惩教和有条件释放法》要求 假释委员会在决定给予假释时,除其他事项外,要考虑罪行的严重性。 被指控犯有任何刑事罪(包括腐败)的公务员,该组织的副职可依据被指控罪 行的性质和严重性,在该指控调查结果出来前,免除、暂停或重新分配其职务。 此外,《刑法典》规定,因某些腐败罪被判有罪的自然人或法人不得与政府签 订合同,或者不得接受政府和其他任何人之间合同的任何好处。还禁止这些自 然人担任公职。根据《惩教和有条件释放法》,社会保护和罪犯重新融入社会 是联邦惩教系统和假释委员会的主要目的。
Under the Criminal Code, punishment is imposed in proportion with the gravity of the offence and the degree of responsibility of the offender, including ranges for both imprisonment and fines. The reviewers found that the corruption offences established in accordance with the Canadian legislation are liable to sanctions that take into account the gravity of these offences. Certain aggravating factors may apply, such as the status of the public official or the extent of the corruption activity. In some cases, mandatory minimum periods of incarceration apply. Although functional immunities apply to certain categories of public officials, including parliamentarians, judges, prosecutors and members of some administrative bodies, these immunities are not a barrier to criminal investigation or prosecution relating to corruption. Public officials as “Crown agents” may be immune from personal liability for acts taken in furtherance of the public purposes that they are statutorily empowered to pursue, but this immunity does not extend to acts taken outside the lawful ambit of their agency. Canadian prosecutors exercise a wide range of discretion in carrying out their duties in the public interest and are obliged to exercise independent judgement. Guidance is provided in the Public Prosecution Service of Canada Deskbook as well as in confidential practice directives.The Criminal Code sets forth measures to be taken with regard to the detention and conditional release of persons being prosecuted, taking into account the need to ensure public safety and the accused’s appearance at subsequent proceedings. The Corrections and Conditional Release Act requires the Parole Board to consider the gravity of the offence, among other things, in the decision to grant parole. A public servant who has been accused of any criminal offence (including corruption) may be removed, suspended or reassigned by the deputy head of the organization depending on the nature and seriousness of the alleged offence and pending the outcome of the investigation into the allegation. In addition, the Criminal Code provides that natural or legal persons convicted of certain corruption-based offences may not contract with the government, or receive any benefit under a contract between the government and any other person. Such natural persons are also prohibited from holding public office. Under the Corrections and Conditional Release Act, the protection of society and the reintegration of offenders into society are main purposes of the federal correctional system and the Parole Board.