Les premiers pas de la justice pénale négociée en France et au Royaume-Uni

Marjorie Eeckhoudt

Revue internationale de droit économique, 2021, vol. t. XXXV, issue 1, 49-74

Abstract: Present in the United Kingdom since 2014 and in France since 2016, the tools of ?negotiated? criminal justice have made it possible to conclude 26 agreements to date: 14 Conventions judiciaires d?intérêt public (CJIPs) (Judicial Public Interest Agreements) on the French side, and 12 Deferred Prosecution Agreements on the British side. Gradually, a framework has emerged that makes it possible to understand the conditions required and the consequences incurred when reading the agreements and the court decisions that accompany them. While the effectiveness of the arrangements is widely welcomed, some uncertainties remain on both sides of the Channel. Companies are encouraged to cooperate extensively to avoid lengthy and costly litigation, but there is no guarantee that the agreement will be concluded or that they will escape extraterritorial sanctions. However, they are exposed to heavy financial consequences and individuals are likely to be prosecuted, which is why reflection is necessary to ensure greater legal security and preserve the interests of justice. The implementation of negotiated justice must not be at the expense of the main principles of criminal justice: fair punishment, and the establishment of the truth while respecting the rights of the defense. Agreements will become more secure and legitimate by specifying the conditions of their conclusion and justifying the jurisdiction of the signatory State. They will become more fair by applying harmonized methods for calculating the amount of the fine. Finally, they will have to provide procedural guarantees for individuals prosecuted. The British and French agreements have reached the age of reason. The time has come to make the necessary adjustments to preserve fairness and equity in order to ensure their attractiveness.

Keywords: Convention judiciaire d’intérêt public; Judicial Public Interest Agreement; Deferred Prosecution Agreement; negotiated justice; United Kingdom; France; extraterritorial sanctions (search for similar items in EconPapers)
Date: 2021
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