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Whistleblowing and self-reporting
Whistleblowing
Are whistleblowers protected in your jurisdiction?
Chapter 2 of the Employment Act regulates whistleblowing. The general principle is that employees have the right to give information on any act “worthy of criticism”. Corruption falls within the scope of this. There is a prerequisite of good faith and some procedural requirements must be followed in order to receive the protection offered to whistleblowers.
Repercussions are prohibited. Companies, employers and leaders of companies can be held criminally or financially liable for repercussions.
Self-reporting
Is it common for leniency to be shown to organisations that self-report and/or cooperate with authorities? If so, what process must be followed?
Pursuant to Section 78 of the Criminal Code, self-reporting must be taken into account on sentencing. It is not mandatory to reduce the sentencing. If the self-reporting amounts to a full confession, it will generally lead to a more lenient sentencing. In practice, reductions vary from 10% to 35% depending on the date of the confession, whether the confession is maintained and the extent to which the confession could simplify the investigation and the trial.
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