The American criminal system and the negotiated institutes of justice: special emphasis on corporate criminality

Authors

  • PAULA ANDREA RAMÍREZ BARBOSA

Keywords:

Criminal justice, pre-agreements, non-judicialization agreements,, deferred judicialization agreements, judicialization, principles, discretion, corporate criminality, prosecutors, Department of Justice

Abstract

United States criminal Justice it is structured procedurally in the accusatory criminal system in which the institutes of the premial or negotiated justice have special relevance. This system is characterized by the broad discretion of the prosecutors of the Department of Justice to solve criminal cases, who are subject to legal limits, principles and objective criteria that guide their function. In the corporate crime figures such as pre-agreements, judicialization agreements, deferred judicialization and non-judicialization agreements, are instruments of recurrent practice in the criminal approach of these crimes with the early termination of the process. In addition to the above, the analysis of the economic and social effects of crime, the involvement of victims’ rights, integral reparation, delation and effective collaboration with justice, among others, is needed.

Published

2025-01-07

How to Cite

RAMÍREZ BARBOSA, P. A. (2025). The American criminal system and the negotiated institutes of justice: special emphasis on corporate criminality. Revista Penal, (44), 147–159. Retrieved from https://revistapenal.tirant.com/index.php/revista-penal/article/view/175

Issue

Section

Doctrina