Judicial Review of Deferred Prosecution Agreements: A Comparative Study

Abstract

Corporate Deferred Prosecution Agreements (DPAs) have become a mainstay of corporate law enforcement by the US Department of Justice. Because they are effective and efficient, several other countries have adopted similar procedural regimes, and others are exploring that possibility. The US version is essentially unique in that DPAs take effect without any judicial review of whether they are in the public interest. This article explores DPA regimes in the US and in other countries, and compares the existence and extent of judicial review, with some commentary on the potential consequences of these differences.

Keywords: Deferred Prosecution Agreements; comparative criminal justice; separation of the powers; criminal procedure