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APEC是内部联系紧密的区域经济组织,有必要共同遏制腐败现象。《联合国反腐败公约》对缔约国提出的反腐败要求也是APEC成员合作反腐的基本依据。但由于亚太区域的特征与各方政治模式、法律制度和现实状况的不同,各成员体间依此合作的基础还存在一定障碍。这一方面使得跨国腐败犯罪案件因相关各方在合作条件上缺乏共识而未能得到及时处理;另一方面也使得正在被调查、处理的腐败犯罪案件由于各司法区的独立性和执法机制的刚性而面临“双重追责”或刑罚失度等不公平危险。APEC成员应当在依照《联合国反腐败公约》对腐败行为实行一体化预防和追查的基础上,践行《北京反腐败宣言》达成的共识,创新建立惩治腐败犯罪的一体化机制。通过APEC会议协商确定一套统一的处理涉外腐败案件规则,由其中一个国家(或其独立司法区)对案件行使司法管辖权,负责侦查(包括共同调查)、起诉和审判。除司法协助外,侦查、起诉和审判案件的程序适用法院地法;对犯罪人判处刑罚的实体规定适用犯罪行为地法;对犯罪行为地处于多个国家(或其独立司法区)的情形,选择对犯罪人相对有利的法律予以适用。
APEC, a closely inter-regional economic organization, needs to work together to curb corruption. The anti-corruption claims made by the UN Convention against Corruption for the State party are also the basic basis for anti-corruption efforts by APEC members. However, due to the differences in the characteristics of the Asia-Pacific region, the political models of all parties, the legal system and the actual situation, there are still some obstacles to the basis of such cooperation among the members. On the one hand, transnational corruption crimes have not been dealt with promptly because of the lack of consensus on the conditions of cooperation between the parties concerned; on the other hand, corrupt criminal cases being investigated and dealt with have become more and more scandalous due to the independence of the judicial districts and the enforcement mechanisms Rigid and facing “double responsibility” or penalty unfairness and other unfair risks. APEC members should implement the consensus reached in the Beijing Declaration on Corruption based on the integrated prevention and tracing of corrupt practices in accordance with the UN Anti-Corruption Convention and create an integrated mechanism to punish corruption crimes. Through the APEC meeting, a unified set of rules for dealing with cases of corruption involving foreign countries was established. One country (or its independent jurisdiction) exercised jurisdiction over the case and was responsible for investigation (including joint investigation), prosecution and trial. In addition to mutual legal assistance, the procedure for the investigation, prosecution and trial of cases is governed by the law of the courts; the law of criminalization applies to the entity sentenced by the offender; and where the criminal act is in several countries (or their separate jurisdictions) Laws that choose to be relatively beneficial to offenders apply.