Sufficiency of Evidence and Public Interest in White-Collar Crime Prosecutions

In recent years, the Singaporean government has taken significant steps to combat white-collar crime, introducing mechanisms to hold corporations and individuals accountable for their actions. Two key procedures, deferred prosecution agreements (DPAs) and plea agreements, have been established to achieve this goal.

Deferred Prosecution Agreements

Under Part 7A of the Criminal Procedure Code (CPC), DPAs allow corporate bodies to enter into an agreement with the Public Prosecutor, deferring or avoiding prosecution in exchange for compliance with specific terms. This framework is designed to encourage cooperation and rectify wrongdoing without resorting to lengthy and costly trials.

• The decision to enter into a DPA rests with the Prosecution’s discretion.
• Minister for Law K Shanmugam has stated that DPAs may be more suitable for complex cases, while conditional warnings might be more fitting in instances where an entity has already addressed wrongdoing and made reparations.

Plea Agreements

Unlike DPAs, plea agreements are informal arrangements between the accused person and the Prosecution. These discussions can take various forms, including written representations or Criminal Case Management System Conferences (CCMS). The goal is to reach a mutually beneficial agreement, such as a reduction in charges or sentence, in exchange for cooperation.

• Recent guidelines from the Sentencing Advisory Panel suggest that pleading guilty at an early stage can result in more favorable sentencing outcomes.
• Accused persons who plead guilty within 12 weeks of the Prosecution’s readiness for plea may see their sentences reduced by up to 30%.

White-Collar Offences

Singapore has recognized a wide range of criminal company law and corporate fraud offences, including:

• Corruption-related crimes
• Banking and finance-related offenses
• Tax-related offenses
• Property-related crimes

These offenses are often complex and require thorough investigations. In combating white-collar crime, it is essential to balance the need for accountability with the importance of ensuring that evidence is sufficient to support prosecution.

Conclusion

As Singapore continues to refine its approach to white-collar crime prosecutions, it is crucial that policymakers prioritize the sufficiency of evidence and consider the public’s interest in ensuring that those who engage in wrongdoing are held accountable for their actions. By striking a balance between these considerations, the government can promote transparency and trust in business practices, ultimately contributing to a more just and equitable society.