In the case before me, the voluntary disclosure of the defendants following their internal investigation led to the transfer of the information to the authorities, which made it possible to prosecute the human defendants. In other words, it was the company on its own initiative that approached the authorities, and later cooperated with them to the extent necessary, as emphasized by the accuser's counsel. In these circumstances, decisive weight should be given to the defendants' confession, which follows this conduct, and when they do not know whether the organs will be convicted.
6.2. Rehabilitation of corporations in general and rehabilitation of the defendant in particular
The main factor that the accusing counsel pointed out as the factor that brought the prosecution to the plea bargain before me was the defendant's complete rehabilitation prior to sentencing, with the prior discovery and cooperation with the authorities, and of course the dismissal of all those involved. I will discuss below the consideration of rehabilitation as a central consideration following Amendment 113 in general, and I will emphasize the importance of rehabilitation in the case of corporations in particular.
At the outset, I would like to emphasize that section 40D(a) of the Penal Law allows the court, for rehabilitation considerations, to deviate from the objective punitive scope that has been determined. In the case before me, I do not believe that the plea bargain deviates from the premises, although it is on its lower side. However, in the case of corporations, the consideration of rehabilitation is so central, especially when the only punishment that can be imposed on a corporation today is a fine, which is given
Also due to rehabilitation considerations to deviate from the prescribed complex. Especially in cases where, as in the case before me, the defendant was rehabilitated even before the sentence was handed down.
6.2.1 The Importance of Rehabilitation after Amendment 113 – Structuring Judicial Discretion