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Corporations and the Privilege against Self-Incrimination (eBook)


ISBN13: 9781509953325
Published: December 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £37.79
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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, eBooks
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

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EU Fair Trial Rights in Criminal Proceedings ISBN 9781509938643
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Corporations and the Privilege Against Self-Incrimination
Stijn LamberigtsEubelius Belgium, Valsamis MitsilegasUniversity of Liverpool UK, Katalin LigetiUniversity of Luxembourg, Anne WeyemberghUniversite Libre de Bruxelles
ISBN 9781509953356
Published July 2024
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Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
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The Fight Against Impunity in EU Law ISBN 9781509945610
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The Legitimacy of EU Criminal Law ISBN 9781509944392
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
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White Collar Crime: A Comparative Perspective ISBN 9781509917891
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
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Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
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