Negotiated Justice and Economic Crime: Lessons from the Canadian Experience
Stefano Manacorda & Francesco Centonze, eds, Centro nazionale di prevenzione e difesa sociale - Collana Convegni di studio "Enrico de Nicola - Problemi attuali di diritto e procedura penale”, Criminalità d’impresa e giustizia negoziata: esperienze a confronto, Milano: Giuffrè, 2017 (Forthcoming)
66 Pages Posted: 4 Oct 2017 Last revised: 13 Oct 2017
Date Written: September 11, 2017
In this paper, I provide a Canadian perspective on the role of negotiated justice in the arsenal of enforcement responses to economic crime. I begin by delineating the legal framework within which enforcement against economic crime occurs in Canada by considering the ambit of the terms of “economic crime” and “negotiated justice” in relation to the structure of the criminal law in Canada and the role of prosecutors in the administration of criminal justice. From here, I explore how the application of negotiated justice to economic crime brings out issues that differ from those that characterize the conventional criminal justice negotiation paradigm in Canada. Finally, I turn my attention to a special framework developed to structure the negotiation and settlement of a particular class of economic crimes: the Immunity and Leniency Programs applicable to serious competition offences, in order to consider whether this framework could serve as a template for criminal justice negotiations in relation to other forms of economic crime.
Note: Author’s note: This paper is forthcoming in the published proceedings of the 30th “Enrico de Nicola” Conference, entitled “Corporate Crime and Negotiated Justice: Comparing Experiences” (“Criminalità d’impresa e giustizia negoziata: esperienze a confronto”, Commissione “Enrico de Nicola” di diritto e procedura penale), hosted and organized by the CNPDS Foundation in Milan on 28 October 2016. I would ask that scholars citing this paper kindly reference the publication details (Milan: Guiffrè, 2017), as well as the CNPDS book collection of which it is part: Collana Convegni di studio "Enrico de Nicola - Problemi attuali di diritto e procedura penale."
Keywords: canada criminal law; economic crime; corporate crime; criminal competition law; antitrust; negotiated justice; prosecutorial discretion; plea bargaining
JEL Classification: K14; K21
Suggested Citation: Suggested Citation