Attorney General Godfred Yeboah Dame has acknowledged the potential benefits of plea bargaining in dealing with financial and economic crime.
Speaking at the 41st Cambridge International Symposium on Economic Crime at Jesus College, University of Cambridge, he also cautioned against its misuse.
Mr Dame addressed the complexities of plea bargaining as a tool to combat financial and economic crimes.
He warned that using plea bargains merely to recover proceeds of crime without an admission of guilt from the accused undermines the fundamental purpose of criminal law.
"The prosecutors will face a real risk of sacrificing their reputation and creating a false impression of having compromised their professional integrity and duty to prove the commission of an offence on the altar of making money for the State, or providing a shield from prosecution to accused persons," the Attorney General said.
He stressed the need for a "delicate balance" in the application of plea bargaining to avoid unintended consequences.
Dame argued that plea bargaining should primarily be based on a clear acknowledgement of responsibility, particularly in cases of financial and economic crimes that directly impact public resources.
"Plea bargaining should, as much as possible, be entered into on the basis of a clear acknowledgement of responsibility for the commission of a crime," he stated.
However, he also recognised that there might be situations where a plea agreement or Deferred Prosecution Agreement (DPA) could be justified without an admission of guilt.
He noted that such circumstances could arise when proving the crime is particularly challenging or when a trial is not in the public's best interest due to more compelling considerations.
"It is only when the commission of an economic crime may be impossible to prove, or the necessity for a trial is outweighed by more compelling considerations, that a plea agreement or DPA, which is not founded on an admission of liability, may be entered into," Dame concluded.
His remarks highlighted the delicate balance between pursuing justice and protecting the integrity of the legal system while combating economic crime on a global scale.
Attorney General Godfred Yeboah Dame underscored the critical importance of global cooperation in the fight against economic crime.
The theme of the symposium was "Suspect Assets."
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