Compliance programs and criminal law responses: A comparative analysis

This chapter provides a transversal analysis of some of the most illustrative case-law experiences from countries in which corporate criminal liability is recognized. Its primary objective is to provide an overview of the role of compliance programs, both from a substantial point of view (as a ground for exemption or mitigation of liability) and a procedural point of view (probation, guilty plea agreements, or pretrial agreements). The chapter explains the reasons for the volume’s focus on Italy, the UK, the USA, Switzerland, Canada, Australia, France, and China. The goals of the study and a discussion of the obstacles encountered in the development of the research (e.g., lack of enforcement) are then presented. The chapter ends with a presentation of the key elements which a compliance program is supposed to include in order to be considered effective and to pool best practices.

Journal/Publisher: Springer

Co-author/s: Marta MUNOZ MORALES in Stefano MANACORDA, Francesco CENTONZE and Gabrio FORTI (Eds.), "Preventing corporate corruption: The anti-bribery compliance model"

Publication type: Book chapter

Number of pages/Page range: 333-362

Language/s (content): English

Date of publication: 02-06-14

Personal data

Full name Adan NIETO MARTIN

Current occupation Member

University/Institution University of Castilla-La Mancha

Address Altagracia 50

Postal code 13071

Telephone 0034926 295300 (3599)

Email adan.nieto@uclm.es