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Prosecution Deferred, Prosecution Exempt: On the Interests of (In)Justice in the Non-Trial Resolution of Transnational Corporate Bribery

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  • Nicholas Lord

Abstract

Nation-states face regulatory and enforcement dilemmas when dealing with corporations operating in international commerce that are implicated in the bribery of foreign public officials. As part of the regulatory landscape, non-trial resolutions, and Deferred Prosecution Agreements (DPAs) specifically, have emerged as a prominent method for gaining leverage against major implicated corporations. This article analyses how judges in England and Wales discursively rationalize the approval of DPAs, arguing that three interdiscursive mechanisms (deviance elastication; corporate dissociation; and, anticipatory offsetting) serve to underpin and communicate constructions of DPAs as in the interests of justice. Relatedly, the conditions of use of DPAs have generated a socially problematic enforcement infrastructure, whereby corporates are being exempt, not just deferred, from criminal prosecution.

Suggested Citation

  • Nicholas Lord, 2023. "Prosecution Deferred, Prosecution Exempt: On the Interests of (In)Justice in the Non-Trial Resolution of Transnational Corporate Bribery," The British Journal of Criminology, Centre for Crime and Justice Studies, vol. 63(4), pages 848-866.
    • Handle: RePEc:oup:crimin:v:63:y:2023:i:4:p:848-866.
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    References listed on IDEAS

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    1. Christine Parker, 2013. "Twenty years of responsive regulation: An appreciation and appraisal," Regulation & Governance, John Wiley & Sons, vol. 7(1), pages 2-13, March.
    2. Hazel Croall, 2003. "Combating financial crime: regulatory versus crime control approaches," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 11(1), pages 45-55, December.
    3. Jamie-Lee Campbell & Anja Göritz, 2014. "Culture Corrupts! A Qualitative Study of Organizational Culture in Corrupt Organizations," Journal of Business Ethics, Springer, vol. 120(3), pages 291-311, March.
    4. Steve Tombs & David Whyte, 2013. "Transcending the deregulation debate? Regulation, risk, and the enforcement of health and safety law in the UK," Regulation & Governance, John Wiley & Sons, vol. 7(1), pages 61-79, March.
    5. Black, Julia & Baldwin, Robert, 2010. "Really responsive risk-based regulation," LSE Research Online Documents on Economics 27632, London School of Economics and Political Science, LSE Library.
    6. Aleksandra Jordanoska, 2021. "Regulatory enforcement against organizational insiders: Interactions in the pursuit of individual accountability," Regulation & Governance, John Wiley & Sons, vol. 15(2), pages 298-316, April.
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