Anti-Corruption Act 2023 · As enacted · Part I · Part i
71. Deferred Prosecution Agreements
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Notwithstanding anything to the contrary in any other written law, where the offence committed falls under sections 106 and 108 of this Act, the Commission may, having due regard to the facts specified in subsection (2), and subject to one or more conditions referred to in subsection (3), enter into an agreement with any person referred to in subsection (8) of this section alleged to have committed an offence under such sections to suspend and defer the Criminal Proceedings against such person for a period not less than five years and not exceeding ten years.
Where the Commission agrees to suspend or defer the criminal proceedings under subsection (1), it shall pay due regard to-
the state policy on prevention of bribery and corruption;
the national interest and public interest;
views of the victims of the offence, if any; and
the representations that may be made by the accused person or on his behalf by his Attorney-at-Law.
Where the Commission agrees in terms of subsection (1) to suspend or defer the criminal proceedings against any person alleged to have committed an offence under this Act, the Commission shall prefer an application to the High Court, to obtain the sanction of such Court for the imposition of one or more of the following conditions to be fulfilled within a stipulated period, on such person as consideration for the suspension and deferment of the criminal proceedings against such person –
to publicly express remorse and apology before the
High Court, using a text issued by the Commission;
to provide reparation to victims of the offence, as specified by the Commission;
to publicly undertake that such person refrains from committing an offence under this Act; or
to pay as compensation to the State the full amount relating to the offence of which twenty five per centum shall be credited to the Fund of the
Commission.
The High Court may upon consideration of the application made by the Commission under subsection (3), and upon being satisfied that the agreement is in the interest of justice and the terms of the agreement are fair, reasonable and proportionate and approve such agreement and notify such person of the agreement.
The agreement shall come into effect on the date on which the agreement is approved by the High Court.
If such person fulfills the conditions imposed under subsection (3) during the period stipulated in the agreement for fulfilling such conditions, the Commission shall not proceed against such person in respect of the offence alleged to have been committed.
If the person fails without valid excuse to comply with such conditions, the Commission shall upon making an application to the High Court, commence criminal proceedings against such person upon indictment.
At the expiration of the period stipulated in the agreement, the Director-General shall, having informed and obtained the permission from the High Court shall discontinue the proceedings against such person.
Where the person referred to in this section is a body corporate, an agreement under this section shall be entered into between the Director-General and such body corporate.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V