Deferred Agreement

16. září 2021 | Vít Zemčík | Nezařazené | Sdílet na Facebooku

As a general rule, a person does not have to apply for charges to enter the DPA. Once the agreement is signed by all parties (i.e.dem accused, the lawyer and the prosecutor), the case will be closed for the period set by the agreement. A Deferred Law Enforcement Agreement (DPA), which is very similar to a Non-Prosecution Agreement (NPC) [1], is a voluntary alternative to the decision by which a prosecutor agrees to grant amnesty in exchange for the accused`s agreement 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. [10] The Times quoted Ottawa-based lawyer Patrick McCann as saying that the DPA „would bring Canada into compliance with many other countries that have deferred prosecution agreements, including the United States, the United Kingdom. and most other European countries.“ [10] According to McCann, the DPA „deals with the injustice of the situation if you have a large company that has a rogue senior official“ who has committed a crime accusing the entire company. [10] McCann stated that the DPA was fair to investors in companies that were innocent of any fault. [10] The agreement provides for the suspension of criminal proceedings for a specified period, provided that the organisation fulfils certain conditions. . . .

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