The Judicial Public Interest Agreement (CJIP) is a new transactional device inspired by the United States’ Deferred Prosecution Agreement (DPA)
The Judicial Public Interest Agreement (CJIP) has been introduced into articles 41-1-2 and 180-2 of the French Code of Criminal Procedure. It is a new transactional device inspired by the United States’ Deferred Prosecution Agreement (DPA). This alternative remedy allows companies prosecuted for breach of probity offenses to reach an agreement with legal authorities in order to halt prosecution by paying a fine and following a compliance program.
Through this mechanism, French legislation targets two major goals: (1) to improve the efficiency of French criminal justice against breach of probity offenses, and (2) to safeguard French economic interests. These goals are sought while reaffirming legal sovereignty in the face of extremely heavy sanctions issued by U.S. authorities against French companies in recent years.
Although the judicial review mechanism is innovative, its scope is still quite limited. Sapin II Law does not allow individuals to benefit from this judicial review mechanism. It is limited solely to companies and the following offenses:
As an alternative measure to prosecution, CJIP can be proposed at two stages of the procedure:
Under the CJIP, a press release must also be published on the French Anti-Corruption Agency website, together with the order approving the CJIP.
Source : Coat Haut de Sigy de Roux
Date de publication : Septembre 2017