Overview

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.

Full Product Details

Author:   Dr Stijn Lamberigts
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509953318

ISBN 10:   1509953310
Pages:   304
Publication Date:   29 December 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

1. Introduction 2. The Roots and Historical Rationale(s) of the Privilege against Self-Incrimination 3. How Different Are Corporations for the Purpose of the Privilege against Self-Incrimination? 4. Contemporary Rationales of the Privilege against Self-Incrimination 5. Self-Incrimination 6. Compulsion 7. The Privilege against Self-Incrimination and Different Types of 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 11. A Proposal for a Balanced Corporate Privilege against Self-Incrimination 12. Overall Conclusion

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Author Information

Stijn Lamberigts is an attorney at Eubelius and member of the Brussels Bar, Belgium.

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