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Settlement of BAE Systems Corruption Cases: significant issues of concern

This briefing note argues that prosecutions should be the norm, citing three major advantages in bringing bribery cases to trial – transparency; the potential for debarment for convicted companies; and both companies and individuals receiving the full force of the law reflecting the seriousness of the crimes.
 
It set out four tests for whether settlements, including plea bargains, can be more effective than prosecutions. These are whether:
 
  • the settlement is in the public interest (where the rationale for this has been set out in a fully and transparently)
  • the punishment is proportionate to the seriousness of the crime
  • the punishment will deter others from committing bribery
  • there are mitigating circumstances.

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ADDITIONAL INFO

  • Report published: Aug 2012

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