A Deferred Prosecution Agreement (DPA) is a legal agreement in which a prosecutor agrees to suspend a criminal prosecution against a defendant. Instead, the defendant accepts responsibility for their alleged criminal actions and agrees to fulfill certain obligations, such as paying a fine or completing community service. DPAs have become increasingly common in recent years and are viewed as a way to hold corporations and other organizations accountable for criminal conduct without resorting to lengthy and expensive trials.
In France, DPAs are known as Convention Judiciaire d`Intérêt Public (CJIP). CJIP was introduced in France in 2016 as part of a broader anti-corruption reform package. The main objective of CJIP is to encourage companies to self-report corruption and bribery offenses and to cooperate with the French authorities in resolving such cases.
Under CJIP, companies that self-report corruption or bribery offenses can enter into a DPA with the French authorities. The DPA will typically require the company to pay a financial penalty, implement compliance measures, and cooperate with the authorities in any ongoing investigations. In exchange, the company avoids criminal prosecution, thereby avoiding the reputational damage that a criminal conviction can bring.
CJIP is viewed as a significant step forward in the fight against corruption in France. By incentivizing companies to self-report and cooperate, CJIP makes it easier for the authorities to investigate and prosecute corruption offenses. Moreover, by avoiding lengthy trials, CJIP allows the authorities to resolve cases more quickly and efficiently.
One potential criticism of CJIP is that it creates a two-tiered system of justice, in which companies are treated differently from individuals. While companies may be able to avoid criminal prosecution through a DPA, individuals who are found guilty of bribery or corruption offenses can still face criminal charges. However, proponents of CJIP argue that it is necessary to encourage self-reporting and cooperation from companies, given their significant economic and social impact.
In conclusion, CJIP is an important tool in the fight against corruption in France. By offering companies the opportunity to avoid criminal prosecution through a DPA, CJIP incentivizes self-reporting and cooperation. While there may be some concerns about the impact of CJIP on the broader justice system, it is clear that DPAs are becoming an increasingly important part of the legal landscape in France and around the world.