This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.
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1. Introduction
I. Corporate Offenders and Procedural Safeguards
II. Corporations, Punitive Cases and the Privilege against Self-Incrimination
III. Structure and Methodology
2. The Roots and Historical Rationale(s) of the Privilege against Self-Incrimination
I. Nemo Tenetur Prodere Seipsum
II. The Oath ex Officio
III. Torture
IV. Consolidation of the Privilege against Self-Incrimination
V. The Missing Piece of the Puzzle?
VI. Applying the Historical Rationales to Corporations
3. How Different Are Corporations for the Purpose of the Privilege against Self-Incrimination?
I. Corporate Personhood
II. (Im)possibility of Exerting Physical or Psychological Pressure on Corporations
III. Importance of Documentary Evidence
IV. Impossibility of Exercising the Privilege against Self-Incrimination Independently
V. Comparable Categories
VI. Legitimate Aim
VII. Objective Criterion of Distinction
VIII. Suitability and Necessity
IX. Proportionality Sensu Stricto
4. Contemporary Rationales of the Privilege against Self-Incrimination
I. Protection from Cruel Choices
II. The Protection of the Innocent
III. The Privilege against Self-Incrimination and the Presumption of Innocence
IV. Privacy Protection
5. Self-Incrimination
6. Compulsion
I. Compulsion by Public Authorities
II. Permitted Compulsion
III. Adverse Inferences
IV. Private Compulsion
7. The Privilege against Self-Incrimination and Different Types of Evidence
I. Oral Statements
II. Documentary Evidence
III. Encrypted Evidence
8. The Applicability of the Privilege against Self-Incrimination Ratione Temporis
9. Waiver of the Privilege against Self-Incrimination
10. Corporations and the Privilege against Self-Incrimination
I. (Supra)national Models of Corporate Criminal Liability
II. Corporations and the Privilege against Self-Incrimination
III. Linking Models of Corporate Criminal Liability to the (Un)availability of a Corporate Privilege against Self-Incrimination
IV. The Cooperating Corporation
11. A Proposal for a Balanced Corporate Privilege against Self-Incrimination
I. Different Models of a Corporate Privilege against Self-Incrimination
II. A Proposal for a Balanced Corporate Privilege against Self-Incrimination
12. Overall Conclusion
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This book is a compelling study into the degree to which privilege against self-incrimination in criminal law applies to corporations.
Looks at the increasingly important question of the extent to which the privilege against self-incrimination applies to corporations
Works of the highest intellectual rigour from the ECLAN network on European criminal law, justice and policy.
Since the Lisbon Treaty, European criminal law has become an increasingly important field of research and debate. Working with the European Criminal Law Academic Network (ECLAN), the series will publish works of the highest intellectual rigour and cutting edge scholarship which will be required reading for all European criminal lawyers.
The series is happy to consider both edited and single authored titles. The series defines ‘European’ and ‘criminal law’ in the broadest sense so books on the European criminal law, justice and policy will be considered. The series also welcomes books which offer different methodological approaches.
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Produktdetaljer
ISBN
9781509953318
Publisert
2022-12-29
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
304
Forfatter