nonprosecution

Nonprosecution refers to the decision by a prosecutor or government authority not to bring criminal charges or to discontinue pursuing a case after initial review. In some systems this is effected through a formal nolle prosequi declaration, while in others the outcome may be expressed through dismissals or through structured agreements that avoid prosecution.

There are several forms of nonprosecution. Absolute nonprosecution means charges are not filed at all or are dropped with no further conditions. Conditional nonprosecution involves deferring or avoiding prosecution in exchange for ongoing compliance with specified obligations, often set out in non-prosecution agreements (NPAs) or deferred prosecution agreements (DPAs). In corporate enforcement, NPAs and DPAs typically require measures such as cooperation with investigations, payment of penalties, and the implementation of robust compliance programs; if the conditions are met, prosecutions may be avoided.

Nonprosecution can also occur through diversion programs aimed at first-time or low‑risk offenders, where participation in treatment, restitution, or educational activities substitutes for criminal charges. Decisions are generally made by prosecutors or prosecutors working with other relevant authorities, and may be influenced by factors such as evidentiary strength, public interest, resource considerations, victim input, and the potential for rehabilitation or systemic reform.

Critics argue that nonprosecution can create perceptions of unequal justice or reduce accountability if not applied transparently and consistently. Proponents contend that it can prevent wrongful convictions, conserve resources, and encourage corrective measures by organizations or individuals.

See also: nolle prosequi, dismissal, diversion, non-prosecution agreement, deferred prosecution agreement.