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 THE PRIVILEGE AGAINST SELF-INCRIMINATION OF CORPORATIONSLamberigts, Stijn  Doctoral thesis (2017) The research topic of this doctoral dissertation is the privilege against self-incrimination of corporations. The issue is highly relevant in view of the importance of corporations in society and the ... [more ▼] The research topic of this doctoral dissertation is the privilege against self-incrimination of corporations. The issue is highly relevant in view of the importance of corporations in society and the increasing use of corporate criminal liability. The research and theory on the substantive criteria of the criminal responsibility of corporations is not paralleled by corresponding research into the fair trial rights of corporations as criminal defendants. Therefore this doctoral dissertation aims at providing a thorough analysis of the privilege against self-incrimination of corporations. The research is conducted along two lines: on the one hand, the dissertation analyses the origin, ratio and scope of the privilege against self-incrimination from a European perspective as well as from the perspective of three selected national systems (Belgium, England and Wales and the United States of America). On the other hand, it encompasses both theoretical and practical considerations. The central research question that is addressed throughout the research is: Does the privilege against self-incrimination apply to corporations, should it apply to corporations, and if so, to what extent? The research provides a tentative framework for the privilege against self-incrimination of corporations, and indicates whether and how it should apply to corporations. In doing so, the dissertation wants to make a meaningful contribution to the more general debate on the entitlement of corporations to fair trial rights. [less ▲] Detailed reference viewed: 207 (17 UL)  THE PRIVILEGE AGAINST SELF-INCRIMINATION A Chameleon of Criminal ProcedureLamberigts, Stijn in New Journal of European Criminal Law (2016), 7(4), 418-438 This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the ... [more ▼] This article revisits the different justifications of the privilege against self-incrimination and examines two topical issues, the relation between the privilege and documentary evidence and the applicability of the privilege to corporations, in light of these justifications. Although the Presumption of Innocence Directive has recently addressed these two issues, several lingering uncertainties remain. [less ▲] Detailed reference viewed: 280 (15 UL)The Directive on the Presumption of Innocence. A Missed Opportunity for Legal Persons?Lamberigts, Stijn in Eucrim (2016) Detailed reference viewed: 232 (7 UL)The Presumption of Innocence (and the Right to be Present at Trial) DirectiveLamberigts, Stijn E-print/Working paper (2016) Detailed reference viewed: 140 (7 UL)Case C-25/15 Balogh – The Translation and Interpretation Directive and (questionable) special proceduresLamberigts, Stijn E-print/Working paper (2016) Detailed reference viewed: 115 (5 UL)Third AIDP Symposium for Young PenalistsLamberigts, Stijn in Brodowski, Espinoza de los Monteros de la Parra, Tiedemann, Vogel, Dominik, Manuel, Klaus, Joachim (Ed.) Regulating Corporate Criminal Liability (2014) Detailed reference viewed: 142 (25 UL) |
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