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The cost of a criminal prosecution on the defendants can be significant, from the legal fees required to defend a case to the public opprobrium and collateral consequences that attach to a conviction.
Defendants can be risk-averse, too.
The defendants can be expected to appeal their convictions.
Defendants can invoke the public interest, and "honest opinion".
Settlements are reached on terms defendants can live with.
"Defendants can no longer hide behind the cost factor".
These are expensive and slow; if a plaintiff's lawyer demands one, defendants can be intimidated.
By comparison, defendants can receive five-year sentences for distributing pirated software.
Conversely, high-risk defendants can no longer gain unfettered release with large amounts of cash.
The lawyers for the Parmalat defendants can consult the files that were presented to the judge.
The judge has not ruled on whether the defendants can be retried.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com