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 ▲]

The European Public Prosecutor’s Office at Launch. Adapting National Systems, Transforming EU Criminal Law

Book published by Wolters Kluwer - CEDAM (2020)

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of ... [more ▼]

In November 2017, Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘EPPO’) entered into force. The EPPO is a new body of the European Union that will investigate and prosecute perpetrators of criminal offences affecting the financial interests of the Union. Being the first EU authority to exercise direct powers vis-à-vis individuals in the field of criminal law, the EPPO represents a paradigm shift in the EU criminal justice field and requires several amendments of national legislation. The Member States that take part in the EPPO enhanced cooperation are currently in the process of implementing the Regulation in order to make their criminal justice systems compatible with its provisions, and allow the EPPO to carry out its activities once the Office will be up and running. Building on the Symposium that took place in Coimbra on 29–30 March 2017, which was co-organised by the European Criminal Law Academic Network (ECLAN) and the Instituto Jurídico of the Law Faculty of the University of Coimbra, this book offers a comprehensive overview of crucial aspects of this ambitious and debated EU initiative, in both its European and national dimensions. It aims to analyse key issues related to the functioning and legitimacy of the EPPO from a European perspective, such as EPPO independence and material competence, judicial review of its acts, and protection of fundamental rights in the framework of EPPO proceedings. At the same time, it also represents the first publication that, in the wake of the Regulation’s adoption, discusses the challenges that the implementation of this EU legal instrument is currently raising in some Member States, namely Austria, Finland, Germany, Lithuania, Luxembourg, and the Netherlands. [less ▲]

Overprosecution and Negotiated Justice in Europe

in Van Kempen, Piet Hein (Ed.) Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment (2019)

Admissibility of OLAF Final Reports as Evidence in Criminal Proceedings

Report (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 ▲]

Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law

Book published by Oxford University Press (2018)

Toward a Prosecutor for the European Union. Vol. 2: Draft Rules of procedure

Book published by Hart Publishing (2018)

Transnational Enforcement of Production Orders for Electronic Evidence. Beyond Mutual Recognition?

in Kert, Robert; Lehner, Andrea (Eds.) Vielfahlt des Strafrechts im internationalen Kontext: Festschrift für Frank Höpfel zum 65. Geburtstag (2018)

White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)