Negotiated Settlements in Bribery Cases
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: Public/private co-operation in anti-bribery enforcement: non-trial resolutions as a solution?

Abiola Makinwa


Offering a reduction of penalty in exchange for co-operation is an important tool in the anti-bribery enforcement prosecutorial toolbox. In contrast to conviction-based regimes, non-trial resolutions (NTRs) offer the possibility to avoid the criminal trial altogether as a reward for co-operation and are fast becoming the primary mechanism of anti-foreign bribery enforcement. NTRs have been adopted in jurisdictions where prosecutors traditionally enjoy broad prosecutorial discretion to negotiate a deal with alleged offenders, but also in jurisdictions where the principle of legality and mandatory prosecution should ostensibly prohibit such a negotiation. As more and more countries adopt NTR regimes in foreign bribery cases there is a growing problem of differing practices, which have rule-of-law implications. Some countries are explicit about the nature of co-operation between alleged offenders and prosecuting authorities, while others are non-explicit and opaque. There are also varying levels of judicial oversight. This chapter argues that while explicit NTR regimes encourage public/private cooperation and compliance in a boost to anti-bribery enforcement, they are, in themselves, no panacea. In a global market, it is important to promote the ‘legitimacy’ of NTRs and align best practices across jurisdictions by way of common standards. This will promote a minimum level of transparency that may help to ensure that NTR regimes for criminal acts of bribery are perceived by the general public as legitimate mechanisms of anti-corruption enforcement.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.