The influence of the economic analysis of the law on the fight against international corruption: Incentivizing the homo economicus to negotiate and the “efficiency” of criminal policy
Type de matériel :
63
In matters of bribery, as in other penal areas, a gradual shift can be observed toward a penal system open to negotiated sanctions and using incentivizing levers. The legislator balances the risk of a heavy fine, as a deterrent, with the possibility for the offender to benefit from alternative transactions to prosecution. Therefore, it is a question of associating the “incentivizing,” modern, economic, and consensual, with the “deterrent,” original, legal, and coercive. In short, criminal policy on international corruption is based both on the anticipation of the choices made by a homo economicus offender and on the rationalization of legal costs, with a view to maintaining an economically efficient criminal policy.
Réseaux sociaux