也门针对《公约》中规定的罪行施行各类刑罚,根据罪行严重程度,从罚款到 十年监禁不等。然而,豁免似乎会妨碍有效起诉此种罪行,尤其是涉及高级公 职人员的控告和审判。 也门起诉遵循合法性原则。 在腐败犯罪案件中,可实行拘留候审。根据《刑事诉讼法》第 194 条,不管是否有保释保证书,也可实行保外候审。检察官如果认为被告人的情况不符合财 务保释的条款,可以要求被告人在规定时间向警察局报到(《检察官办公室总指 示》第 94 条)。 如果已服满四分之三的刑期,并且依照法院判决履行了所有财务义务,受到监 禁处罚的罪犯可获得早释。 如果侦查或侦查情况需要,受到腐败犯罪侦查的公职人员,可由国家反腐败委 员会予以停职或强制离职(《反腐败法实施条例》第 106 和 135 条)。已起草一份法律草案修正《反腐败法》,其中明确规定国家反腐败委员会有权对公职人员 进行调职或撤职处理。 根据《刑法》第 101 条,可取消罪犯担任公职或履行公共职能的资格,还可取 消罪犯在国家持有资本的企业或银行担任董事会成员或雇员的资格。 根据《公务员法》,在腐败案件中,除施加刑事制裁外,还可施加纪律制裁。 也门立法为服刑期的囚犯提供改造服务,并使他们在刑满释放后能重新融入社 会;比如,为其提供工作和职业培训,帮助他们重新融入社会。在服刑期满之 后,经过一段时间,所有被定罪者都可以恢复良好的社会地位。然而,也门没 有专门的后续方案帮助被定罪者在刑满释放之后重新融入社会。
Yemen has adopted penalties for the offences provided for in the Convention ranging from a fine to 10 years’ imprisonment, depending on the gravity of the offence. Immunities appear to constitute an impediment to the effective judicial prosecution of such offences, however, in particular with regard to the indictment and trial of senior public officials. Yemen has adopted the principle of legality of prosecution. Detention pending trial is possible in the case of corruption offences. Release pending trial is also possible, with or without bail, under article 194 of the Code of Criminal Procedure. Where the public prosecutor deems that the accused’s circumstances do not allow for the provision of financial bail, he or she may instead place a requirement on the accused to present himself or herself to the police station at prescribed times (art. 94 of the General Directives of the Prosecutor’s Office). Early release is possible in all cases of imprisonment if three quarters of the prison sentence have been completed and all financial obligations adjudicated by the court have been settled. Public officials under investigation for corruption offences can be suspended or placed on compulsory leave by the National Anti-Corruption Commission if the investigation or the circumstances surrounding the investigation so require (arts. 106 and 135 of the Implementing Regulations of the Anti-Corruption Act). A draft law amending the Anti-Corruption Act has been drawn up which explicitly allows the National Anti-Corruption Commission to reassign public officials or remove them from office. Offenders may be disqualified from holding public office or performing public services pursuant to article 101 of the Criminal Code, and from being appointed as a board member or an employee of a company or bank in which the State holds capital.Disciplinary sanctions can be imposed in addition to criminal sanctions in corruption cases, under the Civil Service Act. Yemeni legislation provides for the rehabilitation of prisoners while in prison and their reintegration into society after their release; for instance, prisoners are provided with work and vocational training to facilitate their reintegration into society. All convicted persons may have their good standing in the society restored after a certain period following the completion of their sentence. Yemen does not have dedicated follow-up programmes to help with the social reintegration of convicted persons following their release from prison, however.