对于腐败犯罪,突尼斯采用的刑罚为 1 至 20 年监禁不等,另外还实施金融制裁 和配套处罚。豁免权不构成起诉此类犯罪的一个障碍。突尼斯适用自由裁量起诉的原则。《刑事诉讼法》第 28、30 和 36 条适用于该 项权力的行使。关于审前释放的程序,《刑事诉讼法》第 86 条允许侦查法官在保释或不保释程 序的任何阶段与检察官协商后发布释放命令。司法部长经假释裁决委员会同意后,可准予假释服完一半或三分之二刑期的被 羁押人(《刑事诉讼法》第 353 至 360 条)。 依照《公务员制度总规章》第 56 条的规定,公务员犯下普通法规定的罪行的, 应立即停职。必须将该案件移交给检察官办公室,尤其是腐败、挪用公款、作 假或违反职业保密规定的案件。 在收受或索取贿赂的案件中,开除公职是法院有义务实施的额外处罚,对于滥 用权力、挪用公款和洗钱等案件,法院可选择是否实施该等处罚。这些条文也 适用于国家持有的股份超过 50%的公司。除刑事制裁外,也可进行纪律处分,其措施从警告直至撤职,不一而足,但不 中止退休金权利(《公务员制度总规章》第 51 条)。 突尼斯已采取一套措施,促使已定罪罪犯重新融入社会。
For corruption offences, Tunisia has adopted penalties ranging from 1 to 20 years of imprisonment, in addition to financial sanctions and ancillary penalties. Immunities do not constitute an impediment to the prosecution of such offences. Tunisia applies the principle of discretionary prosecution. Articles 28, 30 and 36 of the Code of Criminal Procedure govern the exercise of that power. Regarding procedures for release pending trial, article 86 of the Code of Criminal Procedure allows the investigating judge to issue a release order at any stage of the proceedings with or without bail, after consultation with the Public Prosecutor. The Minister of Justice may, with the assent of the Parole Board, grant release on parole to a detainee who has served half or two thirds of his or her sentence (articles 353 to 360 of the Code of Criminal Procedure). Under article 56 of the General Civil Service Regulations, a civil servant who commits an offence under ordinary law shall be immediately suspended from his or her duties. The case must be referred without delay to the Public Prosecutor’s Office, particularly in cases of corruption, misappropriation of public funds, forgery or breach of professional confidentiality. Removal from public office is an additional penalty which the Court is obliged to impose in cases of accepting or soliciting bribes and which it may optionally impose in cases of abuses of power, misappropriation of public funds and money-laundering. Those provisions also apply to companies in which the State holds more than a 50 per cent stake. Disciplinary measures ranging from a warning right up to dismissal without suspension of retirement pension rights may be applied in addition to criminal sanctions (article 51 of the General Civil Service Regulations).Tunisia has adopted a set of measures to promote the reintegration of convicted offenders into society.