What Is An Immunity Agreement

The decision to grant or retain immunity should never be unduly influenced by factors such as race, nationality or religion. Nor should these decisions be influenced by partisan considerations. The Crown prosecutor must remain objective in the decision to grant immunity. The courts have recognized the legal basis for granting immunity, although there is no explicit provision in the penal code (code) authorizing the practice. Footnote 3 There are various mechanisms by which the Crown can grant immunity under Canadian criminal law. The attached copy of a letter from the Assistant Attorney General for Citizens` Rights shows that I have the authority to enter into an immunity agreement on behalf of the Department of Justice. In the United States, the Crown may grant immunity in one of two forms. Transaction immunity, colloquially known as “naked” or “total” immunity, completely protects the witness from future prosecution for crimes related to his or her testimony. The use and use of derivative immunity prevents the Crown from using the witness`s own testimony or any evidence derived from the testimony against the witness. However, if the prosecutor, regardless of the witness` testimony, acquires evidence of the act, the witness may be prosecuted. 1.

This agreement between Donald G. Wilson (Mr. Wilson) and the United States Department of Justice (the Department of Justice) constitutes the granting of transactional immunity from criminal prosecution by the federal prosecutor in exchange for comprehensive and truthful information from Mr. Wilson on certain documents that Mr. Wilson allegedly recovered from James Earl Ray`s car in 1968. 5.2 For this agreement, it is also essential that [name] be the obligations covered in section 3.1.6 of the OBLIGATIONS section, as well as the provisions of this agreement concerning convictions, positions to be taken for conviction, respect for the penalties imposed, including the full payment of fines within the time allowed or extended by the courts, admitted or extended by the courts , complies with it on time and correctly. , and the execution of consents or authorizations that may be requested by [name] to allow the investigating authority to have access to evidence, interviews, testimony, testimony or documents made available to another person or institution in Canada or elsewhere. An omission or refusal to do any of these things, or an omission or refusal to do so to the extent or wisdom required by this agreement, is, at the Crown`s choice, a violation of Canadian law. NOTE: The content of an immunity agreement varies depending on the facts.

Below is just one example. In developing the agreements, legal advisors should review the issues described in Schedule A to ensure their completeness. The document should be written in legal form and not in the form of a letter to the witness. Footnote 34 The prosecutor`s office should verify the name of the person who applied for iCase immunity. If additional files are identified, the lawyer should consult the regional office in which these files are located.

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