A person who is under investigation or charged with corruption or a corruption-related offense may voluntarily admit the offence and make an offer of restitution to the Special Prosecutor.
The person may also admit the offense and offer to provide information that will aid in the arrest and prosecution of other persons for corruption or corruption-related offenses.
An offer acceptable to the Special Prosecutor operates to prevent the passing of a custodial sentence on the accused or a person being investigated, except where the person defaults on his/her obligations under the plea bargain agreement.
The Special Prosecutor considers the following factors on a plea bargain:
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the history of the person with respect to criminal activity
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the level of cooperation of the person and his/her willingness to cooperate
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the likelihood of obtaining a conviction if the case proceeds to trial
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the probable effect on witnesses of a trial
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the public interest in having the case tried rather than disposed of by a plea bargain
- the need to avoid delay in the disposition of other pending cases