Corporations and the Privilege Against Self-Incrimination

Company Law › Criminal Law

Corporations and the Privilege Against Self-Incrimination

Edited by Stijn LamberigtsEubelius Belgium · Valsamis MitsilegasUniversity of Liverpool UK · Katalin LigetiUniversity of Luxembourg · Anne WeyemberghUniversite Libre de Bruxelles
Hart Publishing July 2024

Specifications

ISBN-13
9781509953356
Publisher
Hart Publishing
Publication
July 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

1. Introduction
2. Origin and the Historical Rationale(s) of the Privilege Against Self-Incrimination
3. How Different are Corporations for the Purpose of the Privilege?
4. Contemporary Rationales of the Privilege
5. Self-Incrimination
6. Evidence Protected by the Privilege Against Self-Incrimination
7. The Applicability of the Privilege Against Self-Incrimination Ratione Temporis
8. Waiver of the Privilege Against Self-Incrimination
9. The Corporate Privilege Against Self-Incrimination
10. A Proposal for a Fit-for-Purpose Corporate Privilege Against Self-Incrimination
11. Overall Conclusion
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