THE CRIMINAL CONSEQUENCES OF BREACHING A NON-PROSECUTION AGREEMENT UNDER GERMAN LAW

Abstract

This article analyzes the penal consequences arising from the breach of the Non-Prosecution Agreement, introduced into the Brazilian legal system by the Anti-Crime Package, Law No. 13.964/2019, in a comparative perspective with the German institution of Absprache. The study presents the historical context and normative evolution of both decriminalization mechanisms, examining their legal foundations, as well as the objective and subjective requirements necessary for their conclusion. The research highlights, above all, the legal and penal effects resulting from the violation of the clauses agreed upon in the ANPP, comparing them with the solutions provided for in German law. Finally, the work contributes to a critical understanding of the effectiveness and limits of these instruments of negotiated criminal justice, offering subsidies for the improvement of the Brazilian model.