Was Ist Ein Deferred Prosecution Agreement


Discussions on the possible introduction of Deferred Prosecution (DPA) legislation in Canada began in February 2016. Prior to the DPA, Canada already had “prosecutorial discretion” that allowed “offending companies to negotiate a non-criminal sanction for a criminal act.” [9] In June 2018, Canada issued a DPA under omnibus budget implementation act C-74, which amended the Criminal Code. [10] [11] According to the Law Times, the DPA is changing the way Canadian courts prosecute white-collar crimes, including a reparation system where offenders can escape conviction if they “cooperate with the Crown and the courts.” [10] The Times quoted Ottawa-based lawyer Patrick McCann as saying the DPA would “align Canada with many other countries that have postponed law enforcement agreements, including the United States and the United Kingdom. and most other European countries.” [10] According to McCann, the DPA “addresses the injustice of the situation when you have a large company that has a rogue senior official” who has committed a crime in which the entire company is charged. [10] McCann said the ODA is fair to investors in companies that are innocent of any wrongdoing. [10] 1 Deferred Prosecution Agreements – the perspective from England and Wales, sfo.gov.uk, 14.09.20162 Deferred Prosecution agreements – public consultation, ag.gov.au, 02.05.20163 Australia plans to introduce public prosecution agreements, Clifford Chance, July 2016 A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (APN),[1] is a voluntary alternative to the decision by which a prosecutor accepts, in exchange for the amnesty of the accused. Declare themselves ready to meet certain requirements. A case of corporate fraud could be resolved, for example, by a deferred prosecution agreement, in which the accused undertakes to pay fines, undertake corporate reforms and cooperate fully with the investigation. Compliance with the specified requirements then leads to the rejection of the indictment. [2] Since 1999, the U.S. Department of Justice (DOJ) has established guidelines for the prosecution of commercial organizations and corporations. [3] The Department of Justice`s United States Attorneys` Manual (USAM) examines the non-prosecution or deferred prosecution of corporate crimes based on collateral consequences, and discusses plea agreements, deferred prosecution agreements, and non-prosecution agreements in general. [4] [5] Under the United States.

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