France’s Revised Guidelines for Deferred Prosecution Agreements Promote Voluntary Self-Disclosure
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- The French Financial National Prosecutor (the “PNF”) published revised guidelines on the use of the French-style deferred prosecution agreement (the “CJIP”). The purpose of the guidelines is to further encourage the self-disclosure and cooperation of corporate wrongdoers.
- These guidelines provide companies and foreign authorities with more predictability about the CJIP negotiation process and its potential outcome. In particular, they include a list of aggravating and mitigating factors considered by the PNF when calculating the fine and a maximum percentage of reduction/increase associated with each factor, along with a calculation formula for the fine.
- Drawing inspiration from the policies of the U.S. Department of Justice, including the recently revised Corporate Enforcement and Voluntary Self-Disclosure Policy, the PNF hopes to bolster its stature as a credible enforcement partner for multijurisdictional investigations.