Settling with Corporations in Europe: A Sign of Legal Convergence?
Settling with Corporations in Europe: A Sign of Legal Convergence?
Numerous states now permit deferred prosecution agreements (DPAs) and other non-trial resolutions to be negotiated with corporations, entailing suspension or avoidance of criminal prosecution as long as the entity meets certain conditions. This essay analyses how DPAs have been defined, developed, and deployed in different European jurisdictions, in an effort to identify the extent to which this is shaped by the dominant model of criminal procedure in a given country. It asks to what extent the models of criminal procedure shed light on the form that DPAs take, and whether their growing adoption is indication of an organic convergence or transnationalisation in the response to white-collar and corporate crime.
Keywords: deferred prosecution agreements, non-trial resolutions, corporate crime, bribery, models of criminal procedure, transnationalisation
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