Deferred Prosecution and Corporate Criminal Prosecution: A Comparative Analysis

K&L Gates LLP
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Abstract

Deferred prosecutions are frequently used in the U.S. as an alternative to prosecution in cases of corporate crime. In England, the Crime and Courts Act of 2013 adopted the deferred prosecution approach to corporate crime but with significant differences from the American model. At the same time, there is pressure for reform in the U.S. which may have the effect of aligning the American use of deferred prosecution more closely with the procedure now applicable in England and Wales.

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