تطورات العدالة الجنائية التفاوضية في جرائم الشركات : اتفاقات الملاحقة المؤجلة و المصلحة العامة نموذجا : دراسة تأصيلية تحليلية مقارنة في القانون الأمريكي و الفرنسي

الملخص EN

Negotiated criminal justice agreements are the latest in comparative law to address corporate delinquency in the market economy and reflect an innovative and necessary response to combating white-collar corruption.

It has radically changed the nature of traditional justice, which is essentially done in horizontal rather than vertical form, in which the accused takes on a new positive role by negotiating with the public prosecutor's authority in determining the amount of punishment to be imposed.

The United States of America has the best experience of applying negotiated justice agreements through more than one model and extending them to natural and legal persons.

The French legislature, in turn, did not hesitate to transfer this mechanism to the legislative arsenal under the Transparency and Ant- Corruption Act of 2016, but he limited it to legal persons.

The legalization of this new mechanism allows achieving advantages for the parties of the criminal case, the victim, and society.

It brings the prosecution advantages represented in shortening the process of searching and excavating evidence, negotiating a direct punishment, and ensuring that the victims of the crime are compensate in greater proportions and shorter periods.

The interest of society is also achieve as it enriches the state treasury, and it ensures the reform of the legal person through the compliance programme.

It also allows the legal person to continue its activity in the business world and maintain its reputation as it does not involve any criminal conviction, and gives it the ability to impose some control over the penalties imposed on it, as well as saves its expenses incurred in criminal cases.

Through this research, we have sought to highlight the developments, justification and legal basis of negotiating justice in the business world, and to analyze the legal regulation of negotiated justice agreements for corporate crimes, drawing on the analytical extrapolation approach.

We have also relied on the comparative approach of comparing United States and French federal legislation to understand better this mechanism, because it is apply in two different legal systems.

We have tried to reach this goal by dividing the research itself into two chapters.

In the first chapter, we presented the justifications for negotiated justice in corporate crimes and their legal basis.

We devoted the second chapter to the legal regulation of negotiated justice agreements in corporate crimes.

Then we concluded this research with a statement of the most important results and recommendations that resulted from that study.