Define: Transactional Immunity

Transactional immunity is a type of legal protection granted to individuals in exchange for their testimony or cooperation in a criminal investigation or trial. It guarantees that the individual will not face prosecution for any crimes related to the information they provide.

Transactional immunity differs from other types of immunity, such as use immunity or testimonial immunity, as it provides complete protection from prosecution for any crimes disclosed during the testimony or cooperation. Other types of immunity may only protect the individual’s statements from being used against them, but they can still be prosecuted for those crimes.

Transactional immunity can only be granted by a prosecutor or a court. It is typically offered as part of a plea agreement or in exchange for substantial cooperation in a criminal investigation.

Transactional immunity is generally binding and cannot be revoked once it has been granted. However, if the individual fails to fulfill their obligations under the agreement, such as providing false information or refusing to testify, the immunity may be voided.

Transactional immunity only protects the individual from prosecution for crimes they disclose during their testimony or cooperation. It does not provide protection for any future crimes committed by the individual.

Transactional immunity is specific to criminal cases and does not extend to civil cases. It only shields the individual from criminal prosecution and does not provide any protection in civil litigation.

Transactional immunity can be used for any crime, ranging from minor offenses to serious felonies. However, the decision to grant transactional immunity is at the discretion of the prosecutor or court, and they may consider the nature and severity of the crime when making their decision.

Transactional immunity can be offered to multiple individuals involved in the same case, as long as their cooperation or testimony is deemed valuable to the investigation or trial. Each individual’s eligibility for transactional immunity will be evaluated separately.

Transactional immunity can be negotiated between the prosecutor and the individual or their attorney. The terms and conditions of the immunity agreement, including the scope and duration, can be discussed and agreed upon during the negotiation process.

Transactional immunity cannot be used as a defence in a criminal trial. It is a pre-trial agreement that guarantees protection from prosecution in exchange for cooperation or testimony. If the individual fails to fulfill their obligations under the agreement, the immunity may be voided, and they can be prosecuted for the disclosed crimes.