Negotiated Settlements in Bribery Cases
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Negotiated Settlements in Bribery Cases

A Principled Approach

Edited by Tina Søreide and Abiola Makinwa

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
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Chapter 2: Negotiating settlements in a broader law enforcement context

Mark Pieth

Abstract

Negotiated settlements are frequently the only way to come to a decision on corporate crime within a reasonable timeframe. However, this pragmatic advantage is typically achieved at the price of going against fundamental principles of law: the equality of treatment, effectiveness of sanctioning, fair procedure. Settlements entail privatization of justice and are open to political influence. Combating international corporate corruption has, however, led all over the world to the introduction of – digressing – forms of settlements. What is needed is international harmonization.

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