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ARTICLE · 12 FEBRUARY 2018

Plea Bargaining: Coming To Japan June 2018

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A new regime of plea bargain style cooperation agreements will come into force in Japan this June, in a further instalment to reforms of the Japanese Criminal Procedure Code.

United KingdomLitigation, Mediation & Arbitration
Jo Rickards
Jo Rickards
Matthew Ewens
Matthew Ewens

A new regime of plea bargain style cooperation agreements will come into force in Japan this June, in a further instalment to reforms of the Japanese Criminal Procedure Code. The Japanese scheme provides a notable contrast to the regime in the UK and is a notable concern for those doing business in Japan or involved in investigations with a Japanese element. 

Under the "New System", Japanese prosecutors will be able to enter into cooperation agreements with individuals or corporations who are suspects or defendants in relation to particular types of offences. Those offences include bribery, embezzlement and fraud, as well as offences related to tax and financial products.  Deferred Prosecution Agreements ("DPAs") in the UK are only available to companies.

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