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Corporations and the Privilege against Self-Incrimination


ISBN13: 9781509953318
To be Published: December 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.

Subjects:
Company Law, Criminal Law
Contents:
1. Introduction
2. Origin and the Historical Rationale(s) of the Privilege Against Self-Incrimination
3. How Different are Corporations for the Purpose of the Privilege?
4. Contemporary Rationales of the Privilege
5. Self-Incrimination
6. Evidence Protected by the Privilege Against Self-Incrimination
7. The Applicability of the Privilege Against Self-Incrimination Ratione Temporis
8. Waiver of the Privilege Against Self-Incrimination
9. The Corporate Privilege Against Self-Incrimination
10. A Proposal for a Fit-for-Purpose Corporate Privilege Against Self-Incrimination
11. Overall Conclusion

Series: Hart Studies in European Criminal Law

EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
To be published May 2024
Hart Publishing
£100.00
The Fight Against Impunity in EU Law ISBN 9781509945610
Published June 2022
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The Legitimacy of EU Criminal Law ISBN 9781509944392
Published January 2022
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
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£36.99
The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
Published February 2021
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£80.00
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
Published February 2021
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£35.99
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The Fight Against Impunity in EU Law (eBook) ISBN 9781509926886
Published November 2020
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£37.79
(ePub)
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The Fight Against Impunity in EU Law ISBN 9781509926879
Published November 2020
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£90.00
The Legitimacy of EU Criminal Law ISBN 9781509919741
Published July 2020
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£80.00
The Legitimacy of EU Criminal Law (eBook) ISBN 9781509919758
Published July 2020
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£33.29
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The Needed Balances in EU Criminal Law: Past, Present and Future ISBN 9781509937493
Published April 2020
Hart Publishing
£49.99
£41.99
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
Published November 2019
Hart Publishing
£36.99
£41.99
£36.99
Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
Published December 2018
Hart Publishing
£33.29
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
Published December 2018
Hart Publishing
£80.00
White Collar Crime: A Comparative Perspective ISBN 9781509917891
Published November 2018
Hart Publishing
£110.00
White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
Published November 2018
Hart Publishing
£99.00
(ePub)
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The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
Published December 2017
Hart Publishing
£44.99
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Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
Published December 2017
Hart Publishing
£90.00
The Needed Balances in EU Criminal Law ISBN 9781509917006
Published December 2017
Hart Publishing
£110.00
£37.79
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
Published July 2017
Hart Publishing
£80.00
Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
Published July 2017
Hart Publishing
£33.29
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£90.00
£37.79
(ePub)
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£33.29
(ePub)
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Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
Published February 2017
Hart Publishing
£80.00