The conformity agreement is an institute to which the perpetrators of a tax crime usually go in order to avoid trial, first, and a custodial sentence, later. It is the alleged criminal and not the Public Prosecutor’s Office that proposes it. And, if he proposes it, it is because his lawyer will have advised him to do so because he understands that it is the best alternative for him.
The premise of the proposal for a conformity agreement is the recognition by the alleged perpetrator of a tax crime that he has actually committed the crime. The perpetrator of the crime continues to be the holder of the presumption of innocence, but of a presumption of innocence linked to the confession of the criminal act. The presumption of innocence is preserved until the agreement of conformity is brought to the attention of the judge and he validates it.
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