Post by muntahabin on Feb 14, 2024 4:27:17 GMT
For more than 20 years, the United States has used a type of criminal transaction to resolve corporate crimes. At the end of October, the government of England announced that it wants to import the model into English legislation . The task, however, will not be easy. For corporate lawyer Akhtar , a specialist in corporate crimes, implementing a system similar to the North American one in England will be a challenge. Akhtar is a partner at , one of the largest firms in England with branches in 11 other countries in Europe and Asia. She has been closely following the English government's plans since 2011, when England began to believe that flirting with the system called Deferred Prosecution Agreement (DPA) could lead to romance. The idea announced by the English is to allow the Public Ministry to close agreements with companies accused of committing so-called white-collar crimes: fraud, bribery and money laundering. Companies would have to make reparations to victims, pay fines, and adopt healthy corporate practices to escape prosecution. In an interview with highlighted that he considers the DPA a useful tool to combat financial crimes, but was not very confident in the proposal. She noted that the English legal landscape is quite different from the North American one. In the United States, prosecutors have more power to act, she explained.
In England, according to the announced proposal, a judge would have to participate in the agreement, which would limit the powers of prosecutors. The lawyer highlighted that, while the United States has been accustomed to different types of criminal transactions for a long time, the institute is completely new to the English. And both the Public Ministry and companies will have to learn Thailand Phone Number List to deal with the new tool. For the agreements to be more successful, companies will have to feel safe and encouraged to report illegal practices themselves and commit to correcting errors. In May, when the English government opened a public consultation on the adoption of the DPA system, one of the concerns raised was the feeling of impunity that the agreements could generate. For , however, there will be no such feeling. By signing an agreement with the Public Ministry, the company will have to accept and correct its failures, in addition to compensating victims and paying fines. Only if everything is fulfilled as planned will the company escape legal proceedings. Plans to introduce the DPA system in England are not expected to come to fruition before 2014. At the end of October, the Ministry of Justice published the results of a public consultation opened in May, when the proposals were put to the test.
Almost of those who responded — including bar associations, prosecutors and companies — applauded the introduction of DPA. The government must still complete the bill to be sent to the English .Law 12,714, published this year, should come into effect in 2013. All states in Brazil need to adopt a computerized system, which facilitates monitoring of the process and compliance with sentences. The objective is that the detainee is not detained outside the legal deadlines. The information is from G1 . In the two prisons in Montes Claros, there are 1,166 inmates, 886 have already been tried and their status is defined. The day-to-day life of all these prisoners is monitored by prison pastoral care. According to the coordinator, Marques, it is common to find cases of people who should already be free and, however, remain in jail. “There are people who wait for trial for up to two years and then get an acquittal,” he says. “The new legislation will give more visibility to the processes.
In England, according to the announced proposal, a judge would have to participate in the agreement, which would limit the powers of prosecutors. The lawyer highlighted that, while the United States has been accustomed to different types of criminal transactions for a long time, the institute is completely new to the English. And both the Public Ministry and companies will have to learn Thailand Phone Number List to deal with the new tool. For the agreements to be more successful, companies will have to feel safe and encouraged to report illegal practices themselves and commit to correcting errors. In May, when the English government opened a public consultation on the adoption of the DPA system, one of the concerns raised was the feeling of impunity that the agreements could generate. For , however, there will be no such feeling. By signing an agreement with the Public Ministry, the company will have to accept and correct its failures, in addition to compensating victims and paying fines. Only if everything is fulfilled as planned will the company escape legal proceedings. Plans to introduce the DPA system in England are not expected to come to fruition before 2014. At the end of October, the Ministry of Justice published the results of a public consultation opened in May, when the proposals were put to the test.
Almost of those who responded — including bar associations, prosecutors and companies — applauded the introduction of DPA. The government must still complete the bill to be sent to the English .Law 12,714, published this year, should come into effect in 2013. All states in Brazil need to adopt a computerized system, which facilitates monitoring of the process and compliance with sentences. The objective is that the detainee is not detained outside the legal deadlines. The information is from G1 . In the two prisons in Montes Claros, there are 1,166 inmates, 886 have already been tried and their status is defined. The day-to-day life of all these prisoners is monitored by prison pastoral care. According to the coordinator, Marques, it is common to find cases of people who should already be free and, however, remain in jail. “There are people who wait for trial for up to two years and then get an acquittal,” he says. “The new legislation will give more visibility to the processes.