对腐败相关犯罪的全面处罚已经确定。对贪污的处罚,除其他外,考虑相称性,涉案金额越高,处罚越重。 豁免部分根据《公约》予以管制。最高法院 1988 年重申总统免于起诉。《1987 年宪法》规定,弹劾被判犯有腐败相关罪行的公职人员附有相对较高的基限。虽然刑事案件方面有起诉裁量权,包括诉辩交易,但无充分证据评估《联合国 反腐败公约》第三十条第三款的实施情况。 虽然就提前释放或假释作出决定时会考虑罪行的严重程度,但应对给予行政宽 免进行重新审视,避免出现有罪不罚的情况。
A comprehensive range of penalties for corruption-related offences has been established. Proportionality is considered, inter alia, for the penalty of malversation, which may be higher when the amount involved is greater. Immunities are partly regulated in line with the Convention. Presidential immunity from suit was reaffirmed by the Supreme Court in 1988. Pursuant to the 1987 Constitution, a relatively high threshold of impeachment for officials who have been convicted of corruption-related offences was observed. While prosecutorial discretion in criminal cases, including plea bargaining, exists, there is insufficient evidence to assess the implementation of UNCAC article 30(3). Although decisions on early release or parole take into account the gravity of the offence, the grant of executive clemency should be revisited to avoid impunity.