The Handling of Digital Evidence in Luxembourg

in Caianiello, Michele; Camon, Albert (Eds.) Digital Forensic Evidence: Towards Common European Standards in Antifraud Administrative and Criminal Investigations (2021)

The (Criminal) Liability of Legal Persons and Heads of Business: Strenghts and Weaknesses of the European Union's Approach

in Revue Pénale Luxembourgeoise (2020), (5), 2-22

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some ... [more ▼]

This article aims to analyse the current EU legal framework on the (criminal) liability of legal persons and heads of business, and discuss its strengths and weaknesses. The first section provides some introductory remarks on a recent cross-cutting trend in EU law, which affects both corporate and individual liability, namely the increasing blurring of boundaries between administrative and criminal law in the enforcement of financial and economic policy. The analysis then shifts to the EU rules on corporate (criminal) liability, before briefly discussing whether, in EU legislation, the attribution of liability to legal persons is accompanied by recognition of their procedural rights. Finally, this contribution examines the criminal liability of heads of business, by focusing on the field of the protection of the Union’s financial interests, which represents a useful case study to discuss the current EU approach. [less ▲]

Admissibility of Evidence in Criminal Proceedings in the EU

in Eucrim (2020), (3), 201-208

National Report on Luxembourg: Judicial Cooperation in Criminal Matters and Electronic IT Data in the EU

Report (2019)

Punitive Liability of Heads of Business in the EU: A Comparative Study

Book published by Wolters Kluwer - CEDAM (2019)

In the aftermath of the financial crisis, the individual liability of senior managers has been rediscovered as an important element in effectively countering economic and financial crime. Mainstream ... [more ▼]

In the aftermath of the financial crisis, the individual liability of senior managers has been rediscovered as an important element in effectively countering economic and financial crime. Mainstream enforcement practices against white-collar crime in recent years, focusing mostly on the legal entity or the low- and mid-level employees, have been largely unsuccessful. The punishment of large corporations for economic offences has indeed been confronted with the “too big to jail” dilemma, and with concerns for the negative spillovers that their collapse may entail for employees, shareholders and consumers. The individual “rogue employee”, on the other hand, may be fungible and easily sacrificed as a scapegoat. The recent debate has therefore brought back to centre-stage the individual liability of senior managers, which is essential to close any “responsibility gap”. But are the ordinary rules of criminal law fit and adequate to hold senior managers accountable? This volume, presenting the findings of a study led by the University of Luxembourg and co-financed by the European Anti-Fraud Office (OLAF), aims to contribute to this debate with a special focus on the liability of senior managers for the commission of offences against the financial interests of the EU. It compares the criminal liability regimes for senior managers in five Member States (Finland, France, Germany, The Netherlands and Poland) and delivers a set of policy recommendations for establishing the liability of senior managers in compliance with the general principles of criminal law and respect for fundamental rights. [less ▲]

The Organised Crime-Terrorism Nexus: How to Address the Issue of ISIS Benefitting from Lucrative Criminal Activities?

in Roksandić Vidlička, Sunčana; Engelhart, Marc (Eds.) Dealing with Terrorism. Empirical and Normative Challenges of Fighting the Islamic State (2019)

Introduction

Report (2019)

The Place of the Prosecutor in Common Law and Civil Law Jurisdictions

in Brown, Darryl; Iontcheva Turner, Jenia; Weisser, Bettina (Eds.) The Oxford Handbook of Criminal Process (2019)

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the ... [more ▼]

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. It then considers the increasing tendency to entrust the public prosecutor with quasi-judicial sanctioning powers in the context of out-of-court procedures (“prosecutorial adjudication”). It also examines the role of specialized law enforcement authorities in the exercise of investigative and prosecutorial functions, coercive measures and the need for judicial authorization, and prosecutorial discretion and alternatives to trial proceedings. Finally, it explains how independence, centralization and decentralization, legality and opportunity of prosecution, and the alternatives to trial proceedings have been translated to the supranational design of the European Public Prosecutor’s Office (EPPO). [less ▲]

The Organised Crime-Terrorism Nexus: How to Address the Issue of Isis Benefitting from Lucrative Criminal Activities?

E-print/Working paper (2018)

EU 'Horizontal' Report

in Vervaele, John; Simonato, Michele; Luchtman, Michiel (Eds.) Exchange of information with EU and national enforcement authorities. Improving OLAF legislative framework through a comparison with other EU authorities (ECN/ESMA/ECB) (2018)