Leniency Policies in the Prosecution of Economic Crimes and Corruption von Francisco Schertel Mendes | Consensual Justice and Search for Truth in Brazilian and German Law | ISBN 9783848778492

Leniency Policies in the Prosecution of Economic Crimes and Corruption

Consensual Justice and Search for Truth in Brazilian and German Law

von Francisco Schertel Mendes
Buchcover Leniency Policies in the Prosecution of Economic Crimes and Corruption | Francisco Schertel Mendes | EAN 9783848778492 | ISBN 3-8487-7849-1 | ISBN 978-3-8487-7849-2

Leniency Policies in the Prosecution of Economic Crimes and Corruption

Consensual Justice and Search for Truth in Brazilian and German Law

von Francisco Schertel Mendes
Based on empirical research, the book develops a critical analysis of the use of leniency policies in Brazil. Drawing on a comparative perspective with German Law, the book shows how the current practice of leniency policies in Brazil jeopardizes fundamental guarantees of criminal procedure. The book also draws on a growing body of economic literature to assert that leniency agreements have serious – albeit unnoticed – side effects and may lead to significant negative externalities. The book rejects the association of leniency policies with the ideal of “consensual justice” and affirms that these mechanisms represent a form of privatization of investigative and prosecutorial activities, exploring the expectations and risks of this process.