根据 1987 年预防腐败行为法令,将给予同犯罪的严重性成比例的处罚,包括幅度不一的监禁和罚款,可适用由法院确定和适用的某些加重因素。 宪法第 38 节规定共和国总统在其任职期间和履行职责方面享有免于对其启动或 继续民事或刑事诉讼程序的权利。除了特立尼达和多巴哥共和国总统外,法规并没有赋予任何公职人员享有免受 起诉的豁免权。因此,一人作为公职人员的地位并不能防止对其展开关于腐败 申诉的调查。是否决定提出起诉将完全取决于作为独立机构的公共检察部门主任。内部准则 述及在行使该斟酌处理权时应当加以考虑的因素,这些因素延及适用于起诉、 免于起诉和不予起诉的决定。1994 年保释法令第 12 至 15 节载有法院在决定给 予保释时可以规定的措施和条件,目的是确保公共安全和被告在随后的诉讼程序中出庭。 虽然并没有关于提前释放的正式政策,但司法部目前正在拟订假释的政策。根 据该举措,犯罪人如果得到并且应用由监狱当局提供的个人培训和发展,则能 够得到减刑。将通过有限提早释放的制度对良好行为加以嘉奖,允许犯罪人在 监狱外从事生产性工作。 宪法第 121 至 129 节允许监督当局因为从事包括腐败行为等犯罪而中止公职人 员的职务,给予纪律处分及予以开除。此外,1987 年预防腐败行为法令第 6 节 规定,被定罪为违反第 3 至 5 节(贿赂和腐败)的任何人都应“被判定为永远 不得当选或被任命为公共机构的成员,也不得担任任何其他公职。”除了鼓励改 过自新的监狱中的培训、教育和就业援助方案外,民间团体各组织还提供咨询 和支助。
Under the Prevention of Corruption Act, 1987, punishment is imposed in proportion to the gravity of the offence, including ranges for both imprisonment and fines, and certain aggravating factors may apply, as determined and applied by the court. Section 38 of the Constitution provides immunity for the President of the Republic with regard to the institution or continuation of civil or criminal proceedings against him during his term of office and for the performance of his functions. Other than the President of the Republic of Trinidad and Tobago, legislation does not provide immunity from prosecution for any public official. Therefore, a person’s status as a public official does not prevent an investigation for allegations of corruption. The decision whether to prosecute rests solely with the DPP, as an independent body. Internal guidelines address factors to be considered in exercising that discretion, which extends to charging, dismissal and the decision not to prosecute. Sections 12 to 15 of the Bail Act, 1994, set forth measures and conditions that courts may impose in deciding to grant bail that are designed to ensure public safety and the accused’s appearance at subsequent proceedings. Although there is no formal policy of early release, the Ministry of Justice is currently developing a policy of parole. Under this initiative, offenders would be able to earn the remittance of their sentences if they have received and applied the personal training and development provided by prison authorities. Good behaviour would be rewarded through a system of early limited release, allowing offenders to engage in productive work on the outside. Sections 121 to 129 of the Constitution permit the supervisory authorities to suspend, discipline and dismiss public officials for the commission of criminal offences, including corruption. In addition, Section 6 of Prevention of Corruption Act, 1987, requires that anyone convicted of a violation of Sections 3 to 5 (bribery and corruption) shall be “adjudged forever incapable of being elected or appointed as a member of a public body or of holding any other public office.” Beyond prison programmes of training, education and employment assistance, to encourage rehabilitation, civil society organizations also provide counselling and support.