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Lauren   April 9th, 2021   Uncategorized No Comments

[99] See z.B. Apotex DPA, note 14, at 10 a.m. (“If, during the duration of the agreement, the United States finds at its sole discretion that Apotex … not to cooperate… Apotex is then sued. BHBM Tax DPA, supra note 65, to 6 (“If, during the duration of the agreement … the bank is not, as stipulated in the agreement … Bank and Hapoalim (Latin America) S.A. will then be prosecuted. In January 2020, the Director of the Public Prosecution Service of Canada issued GUIDELINEs on ARs to the Public Prosecution Service of Canada Deskbook, Section 3.21. [218] These guidelines include the status-based factors that must be considered in assessing the public interest in pursuing an RA. [219] The guidance document states that “an AE can only be considered in the case of a listed offence if there is a reasonable prospect of conviction” and “should only be applied in cases where prosecution is possible.” [220] As a result, “large-scale prosecutions are required.” [221] After the crown Counsel investigation was audited, “if Crown Counsel believes that an invitation to negotiate a PR should be considered, Crown counsel recommends to the Attorney General (PSC) that [the Attorney General`s] consent be sought.” [222] On the contrary, “if crown counsel believes that an invitation to negotiate an RS is not appropriate, Crown Counsel will notify the PCP in writing, which in turn will notify the Director of the Crown by providing an overview of the case and why a PR is not recommended.” [223] Although this guide contained some additional details about ra`s trial, there is little explanation as to how the factors could be weighed specifically with respect to a PR.

Until Canada`s attorneys negotiate and reach an ACCORD, this area remains fluid. Nor should government counsel seek not to deprive a defendant of any ineffective right of counsel`s assistance, whether those rights are invoked in the event of collateral assaults or, if permitted by the Circuit Act, as a direct right of appeal. As long as prosecutors exempt invalid requests for assistance from their non-enforcement clauses, they may, in the course of oral arguments and agreements, seek remedies and remedies after conviction to the extent permitted by law. What do you mean? Government counsel should exercise the utmost caution to ensure that his non-prosecution agreement does not confer “naked” immunity on the witness. He should therefore strive. B to limit consent to non-persecution, based on testimony or information provided. Such an agreement on “informal immunity” has two advantages over an agreement not to prosecute the person in a particular transaction: first, it retains the possibility for the prosecutor to prosecute on the basis of independently obtained evidence if it subsequently turns out that the person`s criminal involvement was more serious than it originally appeared to be; and second, it encourages the witness to be as frank as possible, because the more he/she is revealed, the more he/she will be protected from future prosecution.

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