Negotiated Settlements for Corruption Offences : A European Perspective.
- 1st ed.
- 1 online resource (233 pages)
Cover -- Title Page -- Table of Contents -- Preface -- Contributor Biographies -- 1 Negotiated Settlements for Corruption Offences:Wither Europe? -- 1.1 Introduction -- 1.2 The Long Shadow of the FCPA -- 1.3 The Push 'For' and 'Against' Negotiated Settlements -- 1.4 Wither Europe? -- 1.5 Conclusion -- 2 Negotiated Settlements for Corruption Offences:Position in France -- 2.1 An Assessment of the French Legal Framework -- 2.2 Negotiated Settlements: A Solution to Corruption Offences? The Solution for Enhancing French Performance in Tackling Corruption in International Business? -- 2.3 Looking Ahead: Some Policy Recommendations -- 2.4 Conclusion -- 3 Negotiated Settlements for Corruption Offences:Position in Germany -- 3.1 Introduction -- 3.2 Legal Framework: Rules Governing Corruption -- 3.3 Legal Framework: Rules Governing Negotiations and Settlements -- 3.4 Position of Negotiated Settlements in Germany -- 3.5 European Perspective -- 3.6 Summary and Conclusion -- 4 Negotiated Settlements for Corruption Offences:Position in Italy -- 4.1 Introduction -- 4.2 Italian Legal Framework -- 4.3 Position of Negotiated Settlements -- 4.4 European Perspective -- 4.5 Recommendations and Conclusions -- 5 Negotiated Settlements for Corruption Offences:Position in Poland -- 5.1 Introduction -- 5.2 Legal Framework -- 5.3 Negotiated Settlements in Poland -- 5.4 European Perspective -- 5.5 Conclusion -- 6 Negotiated Settlements for Corruption Offences:Position in The Netherlands -- 6.1 Introduction -- 6.2 Foreign Bribery under the Dutch Criminal Code -- 6.3 Negotiated Settlements in Corruption Cases in the Netherlands -- 6.4 A Pragmatic Approach to Regulating Corporate Misconduct -- 6.5 Discussion and Conclusions -- Negotiated Settlements for Corruption Offences:Position in Norway -- 7.1 Introduction -- 7.2 The Legal Framework -- 7.3 Enforcement. 7.4 Conviction and Penalties -- 7.5 Position of Negotiated Settlements -- 7.6 Discussion -- 7.7 Conclusion -- 8 Negotiated Settlements for Corruption Offences:Position in Sweden -- 8.1 Introduction -- 8.2 Legal Framework -- 8.3 Exercise of Prosecutorial Discretion -- 8.4 Negotiated Settlements -- 8.5 Sentencing -- 8.6 European Perspective -- 8.7 Conclusions and Recommendations -- 9 Negotiated Settlements for Corruption Offences:Position in the United Kingdom -- 9.1 Introduction -- 9.2 The Legal Framework -- 9.3 Position of Negotiated Settlements -- 9.4 Sentencing -- 9.5 Recent Cases and Settlements in the UK -- 9.6 Conclusions -- 10 Perspectives on Negotiated Settlements -- 10.1 The Criminal Law Viewpoint: Hans de Doelder -- 10.2 The Corporate Viewpoint: Jan Eijsbouts -- 10.3 The EU Integration Viewpoint: Jaap de Zwaan -- 10.4 The Efficiency Viewpoint: Sharon Oded -- 10.5 The Civil Society Viewpoint: Paul Arlman.
EU Member States must continually review their anti-corruption policy and regulation to ensure that they provide effective, proportionate, and dissuasive criminal penalties to protect the financial interests of the EU. Best practices from other countries can provide guidance. The US practice of negotiated settlements for corruption offences has proven to be of growing importance, and the spread of such settlements as a mechanism for anti-corruption enforcement in other countries raises the question of how the EU should respond to this development. Do negotiated settlements align with the particular character of European criminal law enforcement systems? What socio-economic, political, or legal factors affect the use of negotiated settlements in Europe? At a 2014 seminar on 'Negotiated Settlements for Corruption Offences: A European Perspective' sponsored by the European Anti-Fraud Office and The Hague University of Applied Sciences, national rapporteurs and experts considered such questions in order to evaluate the practice of negotiated settlements. Their findings are presented here in this volume. Contributing national rapporteurs are Alan Bacarese, Paola Mariani, Arkadiusz Matusiak, Anna Oehmichen, Maud Perdriel-Vaissiere, Claes Sandgren, Gerben Smid, Tina Soreide, Karolina Stawicka, and Karin van Wingerde. Paul Arlman, Hans de Doelder, Jan Eijsbouts, Sharon Oded, and Jaap de Zwaan provided expert opinions. *** Librarians: ebook available on ProQuest and EBSCO [Subject: Criminology, Criminal Law, European Law, International Law].
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European Union -- Finance. Finance, Public -- Law and legislation -- European Economic Community countries -- Criminal provisions. Fraud -- European Economic Community countries. Political corruption -- European Economic Community countries -- Prevention.