在评估适用于参与腐败相关罪行自然人的制裁时,审议组指出,可能有必要考 虑增加对公共和私营部门内行贿罪的处罚。作为回应,相关国家当局指出,新 《刑法》增加了对公共部门内行贿和受贿罪行以及私营部门内行贿罪的处罚。 审议组欢迎这一进展。 在克罗地亚,公职人员不享有豁免,但共和国总统和议员除外。不过,这种豁 免可根据《宪法》和法律解除。据报告,豁免作为实际问题没有影响对腐败案 件的起诉,因为这种豁免总是按照要求而放弃。 克罗地亚的刑事司法制度以强制起诉原则为基础,起诉工作受合法性原则的约 束。不过,如果作为证人作证的犯罪组织成员的陈述“对于查明罪行和该犯罪 组织成员至关重要”,立法能使国家检察长驳回一份犯罪报告或不起诉这些作 证成员。有可能承认减轻处罚的情节。这些合作证人被赋予受保护证人的身 份。
Assessing the sanctions applicable to natural persons involved in corruption-related offences, the review team noted that there may be a need to consider increasing the penalties for active bribery offences in the public and private sectors. In response, the national authorities indicated that the penalties for both active and passive bribery offences in the public sector, as well as for active bribery in the private sector, are increased in the new CC. The review team welcomed this development. In Croatia, public officials do not enjoy immunity, except for the President of the Republic and members of Parliament. Such immunity can, however, be lifted in accordance with the Constitution and law. It was reported that immunities as a practical matter had not affected prosecutions in corruption cases, as such immunity had always been waived when requested.The criminal justice system in Croatia is based on the principle of mandatory prosecution and the prosecution services are bound by the legality principle. However, the legislation enables the State Attorney General to dismiss a crime report or abstain from prosecution in relation to members of a criminal organization who testify as witnesses if the statement “is of importance for the discovery of offences and of the members of the criminal organization”. The recognition of mitigating circumstances is possible. Those cooperating witnesses are given the status of witnesses under protection.