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 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 ▲]

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

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 ▲]

Introduction

Report (2019)

Admissibility of OLAF Final Reports as Evidence in Criminal Proceedings

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?

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)

White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)