对腐败相关犯罪的全面处罚已经确定。在刑事判决时考虑犯罪的严重性,但刑 事判决准则很少适用。 只有国王及其被指名人享有《宪法》规定的豁免,而议会议员和司法人员则享有职能豁免。 根据《宪法》,起诉酌处权属于检察官办公厅(第 99 条)。检察权,根据《刑诉 证法》(第 5 节),已经授予腐败问题局的两个公诉人。腐败问题局的所有案件 都先经过检察官办公厅复查,然后在法院提起。任何不予起诉的决定都可以由 受害方审查。至今没有拒绝过起诉任何腐败案件。 根据《监狱修正法》,已决犯在服完一半刑罚后,有资格要求提前释放或保释。 保释以犯罪的严重性和再犯的可能性等决定性因素为基础。 《莱索托公务法》(第 15(10)节)规定在进行纪律调查之前暂时停止全薪公职官 员的职务,但没有涉及他们的除名或重新安排。剥夺已决犯担任公职(包括国 有企业)的资格,将载入预防腐败和经济犯罪法案中。 没有关于囚犯重新融入社会的正式或综合政策。
A comprehensive range of penalties for corruption-related offences has been established. The gravity of the offence is considered at sentencing, although sentencing guidelines are rarely applied. Only the King and his designee enjoy immunity under the Constitution, while members of Parliament and judicial officers enjoy functional immunity. Under the Constitution, the discretion to prosecute vests in the DPP (Article 99). Prosecutorial powers have been delegated pursuant to the CPE Act (Section 5) to two prosecutors in DCEO. All DCEO cases are reviewed by the DPP before they are filed in court. Any decision not to prosecute is reviewable by the aggrieved party. No corruption cases have been refused for prosecution to date. According to the Prisons Amendment Act, convicted persons are eligible for early release or parole after having served half their sentence. Parole is based on determining factors such as the gravity of the offence and the likelihood of recidivism. Lesotho’s Public Service Act (Section 15(10)) provides for the suspension of public officers, on full pay, pending disciplinary enquiries, though their removal or reassignment is not addressed. The disqualification of convicted persons from holding public office (including State-owned enterprises) would be covered in the PCEO bill. There are no formal or comprehensive policies related to the reintegration of prisoners into society.