Punitive enforcement; admisibility of evidence; OLAF; EPPO
Abstract :
[en] This chapter analyses the admissibility of OLAF-collected evidence in national punitive proceedings, with a focus on criminal proceedings. For the purpose of this chapter, ‘punitive administrative proceedings’ refers to national proceedings leading to the issuing of administrative sanctions, and more precisely fines, which would qualify as having a criminal nature in accordance with the so-called Engel criteria laid down by the European Court of Human Rights (ECtHR) and endorsed by the Court of Justice of the European Union (CJEU). References to ‘punitive proceedings’ should therefore be understood as referring to both punitive administrative and criminal proceedings. The chapter takes a comparative approach, looking at six national legal orders (France, Germany, Italy, Luxembourg, the Netherlands and Hungary). While this chapter cannot delve into the details of each of the six systems, it aims to point out at least some common trends and significant differences that have emerged in the study of national case law and legislation concerning the admissibility of evidence in punitive proceedings, with the aim of drawing conclusions about the admissibility of OLAF-collected evidence.
Disciplines :
Criminal law & procedure
Author, co-author :
Giuffrida, Fabio
THEODORAKAKOU, Georgia ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
yes
Language :
English
Title :
The Use of Investigative Results as Evidence in National Punitive Proceedings: The Case of OLAF
Publication date :
2023
Main work title :
EU Enforcement Authorities: Punitive Law Enforcement in a Composite Legal Order
Author, co-author :
LIGETI, Katalin ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
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