The Deferred Prosecution Agreement Sample Clauses

The Deferred Prosecution Agreement. Implementation Mechanism in the Criminal Justice System in Indonesia The concept of DPA itself has been adopted by various international countries and has be- come one solution to overcome corruption eradication by corporations. The international con- vention on eradicating corruption, namely UNCAC in 2003, has implicitly included in Article 26 concerning the responsibility of legal entities that open up corporate responsibility, not in the form of criminal sanctions but can also apply non-criminal sanctions that are effective proportional. Article 26 states that the state party is obliged to ensure that the responsible Corporation is subject to criminal or non-criminal sanctions, which are effective, proportional, and prohibited, including financial sanctions. The conjunction "or" is a sign that the choice of using a criminal policy is a last resort when non-criminal sanctions are deemed unreliable. UNCAC encourages an integrated approach to law enforcement. The pursuit of cor- ruption results is an integral part of every corruption case so that national authorities can re- turn state losses or return these assets. In this case, who can interpret that UNCAC directs state parties to prioritize settlement efforts with concepts such as DPA in handling corporate cases involved in criminal acts of corruption. Corporate crime is a serious problem. The victims caused by these crimes are gener- ally not individual victims but group victims. Also related to the economy and can affect the country's economy as well. The current criminal process against corporations, from investiga- tions, prosecutions, and trials, is very costly, slow, and complex. So, the Corporation should not apply criminal responsibility, but civil or administrative accountability can be applied. This is in line with the fundamental principle in criminal law, which states that criminal law must be carried out as a last resort (ultimum remedium). The Prosecutor's power not to proceed with a criminal case is to use the principle of opportunity. The principle of opportunity has been adhered to by the prosecutors of the Re- public of Indonesia since ancient times. This principle initially applies based on the unwritten law of the Dutch law. Prosecutors have practiced it in Indonesia to terminate the prosecution of cases, even if the evidence and witnesses are sufficient. In scientific language, it is called termination of prosecution for policy reasons (policy), and in everyday language, it is calle...
Sample 1
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