cover image: Expanding Canada’s Toolkit to Address Corporate Wrongdoing

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Expanding Canada’s Toolkit to Address Corporate Wrongdoing

11 Jan 2018

DPAs are registered with the court in case a prosecution is resumed, but the courts do not play a role in approving, or in overseeing the carrying out of, the terms of the agreement. [...] The regime is different from the US system in several other respects: the Act sets out a role for the courts in approving and overseeing DPAs the DPA process and application criteria are publicly available (in the Act and in legislatively- mandated guidance) the terms of the DPAs are published It is an overarching principle of the UK model that DPAs will only be offered in specific circumsta [...] In contrast, before a DPA is approved in the UK, the prosecutor must apply to the court for a preliminary hearing to obtain a declaration that entering into the DPA is likely in the public interest and that the proposed terms are fair, reasonable and proportionate. [...] Under UK law, the prosecution authority must publish a DPA once it is approved by the court, along with the court’s declaration that the DPA is likely to be in the public interest and that the proposed terms are fair, reasonable and proportionate. [...] Consideration 7: Process of addressing non-compliance In order for a DPA to constitute a valid criminal law measure, it is important that the threat of prosecution be retained in the event of non-compliance during the lifetime of the DPA.
government corruption crime criminal justice bribery common law corrupt practices crimes criminal law ethics government information law prosecution prosecutors offence human activities court corporation crime, law and justice judiciary offences prosecuting prosecutor criminal prosecution
ISBN
9780660094700
Pages
14
Published in
Gatineau, QC, CA

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