Leniency programmes

Abstract

Although the concept of leniency programmes has been universally accepted, there is no consensus on the required details of the individual policies. Some have proven a great success; others have produced fewer results. This chapter aims at drawing lessons on the common features of successful leniency programmes from the theoretical and practical viewpoints. Jurisdictions where leniency programmes are at the beginning or early stages of implementation face different challenges from those that have now had a leniency policy in place for years. However, some common features are shared by all leniency policies and contribute to creating the right ecosystem where leniency policies can thrive. By looking at the experience in selected jurisdictions with older and younger leniency programmes, this chapter confirms the strict interdependence between an effective leniency policy and a well-functioning enforcement system, characterised by strong deterrence and high detection levels. Further, it identifies six main features as the basis for the successful design, implementation and effectiveness of leniency programmes.