可适用于多数腐败犯罪所涉自然人和法人的制裁已被确定为总体而言适度且具 有劝阻性,尽管在某些情况下可能需要进一步考虑最低惩罚阈限(六个月)。可 能需要统一相关量刑条款,以消除对行贿和受贿行为及影响力交易的制裁之间的差异。尽管《刑法》为评估罪行的“严重程度”提供了充足的标准,但没有 量刑指导来确保实务中的前后一致。据认为必须有这种指导。 对于几类享有豁免的公职人员(议员、总统、总理、政府官员、宪法法院法 官)来说,取消这种豁免和启动刑事调查的程序都必须遵守某些程序性要求。 审议组承认这些要求旨在对顺利无阻地履行公职起“体制保障”作用,并对避免有针对性的起诉起防御作用。然而,审议组鼓励塞尔维亚有关当局在实践中 确保这些保障措施符合《反腐败公约》第三十条第二款的规定。
The sanctions applicable to natural and legal persons for most of the corruption offences were found to be, in general, adequate and dissuasive, although the lowest threshold of punishment in some cases (six months) may need to be further considered. The relevant sentencing provisions may need to be harmonized in order to remove disparity between sanctions for active and passive bribery and trading in influence. Although the CC provides sufficient criteria for assessing the “gravity” of the offence, there is no sentencing guidance to ensure consistency in practice. The existence of such guidance was deemed necessary. For several categories of public officials enjoying immunity (members of Parliament, President, Prime Minister, members of the Government, judges of Constitutional Court), the procedure of lifting such immunity and initiating criminal investigations is subject to certain procedural requirements. The review team acknowledged that these requirements are meant to function as “institutional guarantees” for the unimpeded performance of the public functions and as a shield to avoid targeted prosecution. However, the review team encouraged the Serbian authorities to ensure in practice that these guarantees are in line with article 30, paragraph 2, of the Convention against Corruption.