适用于腐败相关罪行的制裁具有充分的劝诫性。详细规定了判决的制定,并且 有一系列监禁、罚款和行政制裁。法院在判决《公约》规定的罪行时会使用自 由裁量权,并且考虑到各种因素,例如犯罪情节和犯罪者的个人状况。 关于免于起诉,在“职责内罪行”方面,国家议会(议会)成员享有免于起诉 的保护,但不包括腐败相关罪行。如果总检察长认定所犯罪行不属于国会议员 的职责范围,并决定提出起诉,则相关国会议员可以向议会提出豁免申请,议 会将根据司法审议作出决定。然而,虽然个人豁免范围十分有限,但在侦查腐 败相关罪行时不可采用某些侵入式的侦查措施,诸如窃听,除非解除豁免。是否起诉刑事案件(包括腐败相关案件),应由作为总检察长代表的国家检察 长办公室自行决定,其在刑事领域的决定应接受高级法院的司法审议。 可以适用一系列限制性措施,以确保被告到场参与刑事诉讼,包括在没有伤害 程度更小的方式时拘留被告以防止其逃避诉讼。 提前释放的最低合格期限应足够长,并充分考虑所涉罪行的严重性,特别是, 在服完三分之二的刑期后,并非必须予以释放,而是要考虑到与罪行和罪犯的 个人特点有关的其他因素。 除刑事制裁外,受到腐败指控的官员还要面对许多纪律处分,严厉程度从警告 和通报批评升级到一系列制裁,最严厉的措施是临时或永久解职和剥夺资格。 公务员惩戒法庭也可处以纪律处分。
The sanctions applicable to corruption-related offences are sufficiently dissuasive. Formulation of the sentences is regulated in a detailed manner and there is a range of custodial, pecuniary and administrative sanctions. In determining sentences for offences under the Convention, the court will use its discretion, taking a variety of considerations into account, such as the circumstances of the offence as well as the offender’s personal circumstances. In relation to immunities from prosecution, the members of the national Parliament (Knesset) enjoy such protection regarding “offences within their duty”, which does not include corruption-related offences. If the Attorney General determines that the offence was not performed within the MK’s duty and decides to prosecute, the concerned MK can invoke his/her immunity by applying to the Knesset, whose decision is subject to judicial review. However, while the personal scope of immunity is fairly limited, certain intrusive investigative measures, such as wiretapping, cannot be undertaken in relation to the investigation of a corruption-related offence, until it is lifted. Prosecution of criminal cases, including corruption-related offences, lies within the discretion of the State Attorney’s Office as representative of the Attorney General, whose decisions in the criminal area are subject to judicial review, by the High Court of Justice.There is an array of restrictive measures that can be applied in order to ensure the presence of the defendant at criminal proceedings, including detention when there is no less harmful way to prevent the defendant from evading the proceedings. The minimum eligibility period for early release is considered high enough and should be deemed to take sufficiently into account the gravity of the offences concerned, especially since release is not mandatory after completion of two thirds of the prison term, but subject to other considerations regarding the individual features of the offence and the offender. Besides criminal sanctions, an official facing charges of corruption is subject to an array of disciplinary measures escalating from warning and reprimand to a range of sanctions, the severest being dismissal and disqualification, temporary or permanent. Disciplinary sanctions can also be imposed by the Civil Service Disciplinary Tribunal.