关于第 30 条的实施问题,有人指出,前《刑法》规定,最长刑期为 7 年,但腐 败案件判决的实际刑期平均为 2 至 5 年。根据《犯罪法令》,最长刑期为 10 年,不过在国别访问期间没有对腐败案件进行判决。《预防贿赂法案》第 12 条进一步规定对腐败罪处以罚款和高达 10 年的监禁。关于第 30 条第 2 款,斐济 官员报告称,未授予公职人员和当选官员职能豁免权,不过会在个案基础上授 予起诉豁免权,以加大检方的利益。检察院院长对司法部长负责,司法部长不 参与检察院院长的日常业务。根据 2007 年《预防贿赂法案》第 33 条的规定, 被判犯有腐败罪的人在自判决之日起 10 年内无资格竞选议员和内阁成员。
Concerning the implementation of article 30, it was noted that the maximum sentence under the previous Penal Code was 7 years, while actual sentences imposed in corruption cases ranged on average from 2 to 5 years. Under the Crimes Decree, the maximum sentence is 10 years, but no sentences had been imposed in corruption cases at the time of the country visit. Section 12 of the Prevention of Bribery Promulgation further provides for fines and imprisonment of up to 10 years for corruption offences. Regarding paragraph 2 of article 30, Fiji officials reported that functional immunity is not granted to public and elected officials, though immunity from prosecution may be granted on a case by case basis to further the interests of the prosecution. The DPP is accountable to the Minister of Justice, and the Attorney General is not involved in the day-to-day operations of the DPP. Persons convicted of corruption offences may be disqualified for a period of 10 years from the date of conviction from being elected as members of Parliament and Cabinet under Section 33 of the Prevention of Bribery Promulgation 2007.