If You Will It, It Is No Dream – Advancing Alternatives to Criminal Enforcement Against Corporations Without Legislative Reform
31 March 2025
In their article, Dr. Zvi Gabbay and Hadar Israeli examine the challenges of corporate criminal enforcement and the limitations of traditional criminal proceedings against corporations.
Drawing on enforcement practices developed in the United States, the authors explore alternatives to corporate criminal prosecution, including Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs). They argue that similar mechanisms could be developed in Israel through the existing discretionary powers of prosecutorial authorities, without the need for new primary legislation.
The article also considers how these mechanisms may promote more effective enforcement, encourage corporate compliance and remediation, and mitigate the unintended consequences of criminal prosecution for employees, shareholders and other stakeholders.
The article was written for Sefer Meni Mazuz (a collection of legal scholarship honouring former Israeli Supreme Court Justice Meni Mazuz).
Read the full article (Hebrew) >> click here
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