Articles in a JoRC book
► Full reference : S. L. Dreyfuss, « La lutte anti-corruption : l’emprunt au modèle américain et à ses récentes évolutions » (The Fight against Corruption: Borrowing from the American Model and Its Recent Developments), in M.-A. Frison-Roche and M. Boissavy (eds.), Compliance et droits de la défense. Enquête interne – CJIP – CRPC, Journal of Regulation & Compliance (JoRC) and Dalloz, coll. “Régulations & Compliance“, 2024, pp. 253-258. - ► English Summary of this article (made by the Journal of Regulation & Compliance – JoRC) : Relying on the relevance of paying particular attention to American mechanisms, since they so strongly inspire European and French legislators, for example between the DPA and the CJIP, the author describes the features of the new system introduced in 2022 and 2023 by the DoJ: the Declination and the Presumption of Declination. Without requiring any authorisation or approval by a judge, the DoJ grants the benefit of a guarantee of non-prosecution, a guarantee given to the company through what the author presents as a “contract”, in exchange for which the company provides its full cooperation, in particular all the evidence at its disposal, first and foremost against itself. Unlike France, where the investigation is conducted by the company itself, the DoJ thus feeds the investigation which it directs and over which it retains full control, having moreover the material and human resources to conduct it.