HOVHANNES BAYANDURYAN

Member of the Chamber of Advocates of the RA,

PhD student at the Chair of Criminal Law and

Criminal Procedure Law of Armenian-Russian University

DOI: https://doi.org/10.59546/18290744-2025.1-3-119

Annotation.

The article examines the institution of exemption from criminal prosecution of legal entities in various legal systems, including the legislation of Armenia and foreign countries. It analyzes the balance between the principles of legality and expediency in decisions to forgo criminal prosecution, as well as the legal mechanisms that allow for the avoidance of judicial proceedings under certain conditions. Particular attention is given to international experience, including Deferred Prosecution Agreements (DPA) and Non-Prosecution Agreements (NPA) used in the United States, the United Kingdom, Canada, and France. The article explores the conditions under which legal entities may be exempt from liability, such as the implementation of anti-corruption measures, compensation for damages, and cooperation with law enforcement authorities.

In conclusion, we substantiate the necessity of reforming Armenia's criminal procedural legislation to introduce procedural alternatives to criminal prosecution. The implementation of these mechanisms would enhance the flexibility of criminal proceedings, reduce reputational risks for businesses, encourage lawful behavior among legal entities, and establish an effective system for preventing corporate crimes. Furthermore, the application of these mechanisms could contribute to strengthening public trust in law enforcement and the judiciary by ensuring transparency and predictability in criminal prosecution decisions.

PDF