A non-prosecution agreement (NPA) is a legal agreement between a prosecutor and a defendant in a criminal case. It is a type of plea agreement that is often used in white-collar criminal cases. NPAs are designed to encourage defendants to cooperate with law enforcement in exchange for avoiding criminal charges.
The following are some characteristics of a non-prosecution agreement:
1. Cooperation: One of the key characteristics of an NPA is cooperation. The defendant must agree to cooperate fully with law enforcement in any ongoing investigation as part of the agreement. This includes providing information, documents, and testimony.
2. No Admission of Guilt: An NPA does not require the defendant to admit guilt or accept responsibility for any wrongdoing. Instead, it is an agreement that allows the defendant to avoid criminal charges in exchange for their cooperation.
3. Limited Scope: NPAs are typically limited in scope to specific criminal offenses under investigation. The agreement does not provide immunity for any other criminal activity that may be discovered during the investigation.
4. Duration: An NPA is usually valid for a specified period of time, during which the defendant must fulfill all of the obligations outlined in the agreement. Failure to comply with the terms of the NPA can result in criminal charges being filed.
5. Public Disclosure: NPAs are typically public documents that are filed with the court. They may also be disclosed to the public through press releases or other means. This can have significant implications for the defendant`s reputation and future business dealings.
In summary, NPAs are legal agreements that allow defendants to avoid criminal charges in exchange for cooperation with law enforcement. They do not require an admission of guilt, are typically limited in scope, and have a specified duration. NPAs are generally public documents that can have significant implications for the defendant`s reputation.