Co-Chairs’ message, Criminal Law Committee April 2025 ebulletin
Read the Criminal Law Committee Co-Chairs’ message from our April 2025 ebulletin.
Released on Apr 15, 2025
Transnational bribery and corruption investigations Down Under
As an Australian based criminal law practice, our firm has acted on behalf of clients in a number of finalised court cases and current investigations on behalf of corporate entities arising in countries such as Indonesia, Nauru, Papua New Guinea and Singapore where many of these companies are domiciled. This work is generally done independently of the commercial law firms who act for the clients and involves a lot of careful thought and strategic design at an early stage.
Released on Apr 6, 2025
Silver bullet or Trojan Horse? INTERPOL’s new Silver Notice and the risks of asset tracing
On 10 January, INTERPOL issued its first-ever Silver Notice, marking a significant evolution in its approach to international asset tracing. The request, initiated by Italy, seeks to identify and locate assets allegedly linked to a senior mafia figure. While its immediate impact may be largely symbolic, the introduction of the Silver Notice signals an important development in cross-border financial crime enforcement.
Released on Apr 6, 2025
International Criminal Court (ICC) update – September 2024–March 2025
Over the past six months, the International Criminal Court (ICC) has taken a number of significant steps in pursuance of its mandate to prosecute individuals for crimes of international concern, including war crimes, crimes against humanity and genocide. These developments underscore the ICC’s commitment to addressing grave violations of international law, although the institution continues to face challenges and criticisms.
Released on Apr 6, 2025
Right to be forgotten for old criminal convictions: a Luxembourg perspective based on a recent ruling
In a December 2024 ruling, the Court of Appeal of Luxembourg decided whether a person convicted of a criminal offence could demand the press to stop publishing their name and image in relation to a past case. This case illustrates the challenge of balancing two fundamental rights: freedom of expression and press, versus the protection of reputation and right to privacy. The plaintiff, a person in a public position, was involved in a widely covered legal case many years ago. Despite the time passed, media coverage continued including reports with identifying details about the individual.
Released on Apr 6, 2025
Extradition within international judicial cooperation: new challenges and future perspectives
Extradition is a cornerstone of international judicial cooperation, the discipline of which is articulated in a complex system of multilevel legislation, based on bilateral and multilateral treaties, as well as conventions adopted by supranational organisations, such as the UN and the Council of Europe. This legal mechanism satisfies the need to ensure the effective administration of justice in transnational crime cases, preventing individuals accused of serious crimes from escaping criminal consequences simply by crossing national borders.
Released on Apr 6, 2025
IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City
The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).
Released on Jan 13, 2025
IBA hosts largest transnational crime conference to date
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
Released on May 21, 2024
When arbitration meets crime – Inaugural conference, São Paulo 2024
January 2024 saw the first When arbitration meets crime Conference, held in São Paulo, Brazil and co-presented by the IBA Arbitration Committee, the IBA Business Crime Committee, the IBA Criminal Law Committee, the IBA Asset Recovery Committee the IBA Litigation Committee and the IBA Latin America Regional Forum.
Released on Feb 27, 2024
IBA Criminal Law Section at the 2023 IBA Annual Conference, Paris
The IBA’s Annual Conference took place between 29 October and 3 November 2023 in Paris, France. As always, the Conference – the IBA’s largest event with some 10,000 participants from the legal profession – was a great opportunity to catch up with acquaintances and forge new links within the criminal law community and beyond.
Released on Feb 27, 2024
Lookback at Boston: IBA Transnational Crime Conference 2023
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
Released on Jul 18, 2023
Internal investigations: recent developments
More and more over the recent years, with a trend that has crossed the borders of common law jurisdictions and has reached those of civil law, criminal law is becoming not only a matter of judicial defence of a case but also, especially in the corporate world, a matter of preventing misconducts and, in the case of those that have been committed, a matter of prompt and effective collection of items of evidence for their ascertainment.
Released on Sep 2, 2022
Ten questions that commonly arise when conducting employee investigations
Ten questions that commonly arise when conducting employee investigations: different considerations in interviews solely for disciplinary proceedings versus those assessing whether criminal or regulatory misconduct has occurred
Released on Sep 2, 2022
Internal investigations and the many issues posed by Turkish law
Turkish law presents several issues to consider when designing and executing internal investigations, differing from European Union or United States law in some key areas.
Released on Sep 2, 2022
Internal investigations in Switzerland: recent developments
Abstract This article aims at providing an overview of certain key issues that arise in the ambit of internal investigations in Switzerland. In particular, it discusses whistleblowing, data privacy, employment and client identification considerations, as well as legal privilege, before examining the role of penalty orders as an instrument in the resolution of investigations.
Released on Sep 2, 2022
Internal investigations: recent developments in Spain
The authors briefly analyse the guidelines set forth by the Spanish Supreme Court’s Criminal Section on the control and monitoring of corporate electronic devices and communication channels in the framework of an internal investigation, as well as the criminal liability regime of a company’s director when
Released on Sep 2, 2022
The possibility to enter into a non-prosecution agreement in cases of internal investigation and self–reporting
In the case of an internal investigation, it is generally possible to enter a non-prosecution agreement. If as result of an internal investigation, a criminal offence is discovered, the corporation should submit the criminal application with all collected evidence during the process of internal investigation to the prosecutor’s office.
Released on Sep 2, 2022
Internal investigations: the impact of the transposition of the EU Whistleblowing Directive
Currently, the public attention in Romania focuses on the law on the protection of whistleblowers transposing the European Union Directive 2019/1937 (the ‘Whistleblowing Directive’ or the ‘Directive’) into national law, given that this new legislation will bring many obligations to companies conducting internal investigations.
Released on Sep 2, 2022
Internal corporate investigations in Poland: key aspects, specificity
The article concerns key aspects of conducting internal investigations in Poland, taking into account legal frameworks, evidence gathering process and risks related to investigative activities.
Released on Sep 2, 2022
Internal investigations: recent developments in New Zealand
This short article provides an overview of the New Zealand approach to regulatory and similar investigations. Those are typically undertaken by a business in relation to some trigger which brings to light a regulatory problem, ethical challenge, or other misconduct (even potentially criminal behaviour). An internal investigation might take place on its own, or in parallel with an external regulatory investigation which the business must also deal with.
Released on Sep 2, 2022
Recent developments regarding internal investigations conducted by attorneys-at-law in the Netherlands
In the Netherlands, internal investigations can be conducted by a company’s attorney-at-law, as long as the attorney-at-law respects his or her rules of professional conduct. Recent developments did, in this regard, reveal risks for the
Released on Sep 2, 2022
Permitted foreign investigative activities (and powers of investigators in general) in Luxembourg, and legal privilege
Luxembourg has long been (wrongly) seen and painted by its opponents as an opaque jurisdiction where investigations rarely yield results. While this reputation may not have been totally undeserved in the last century (even if that is debatable), since the early 2000s, Luxembourg has seriously tightened its framework and should now definitely lose this reputation.
Released on Sep 2, 2022
Legal privilege in the context of internal investigations
In the organisation and conduct of an internal investigation in a company, the profile relating to the confidentiality, preservation and protection of its contents and findings, with respect to the interference of the judicial authority or third parties, is of particular importance, where criminal proceedings already exist, as well in the event that they can be instituted.
Released on Sep 1, 2022
Data protection considerations in internal investigations
When conducting an internal investigation, which includes a review of employees’ emails among its activities, various constraints regarding labour law and privacy issues must be taken into account. In Italy, the matter is governed by several provisions of different statutes all of which have to be taken into account and have an impact on the way internal investigations and emails review must be carried out.
Released on Sep 1, 2022
The possibility to enter into a non-prosecution agreement in case of internal investigation and self-reporting
While in the United States judicial system NPAs between companies and Public Prosecutors Offices are widely used in the criminal proceeding against corporations, in Italy, this mechanism of pre-trial diversion is not provided for by law, but there is a glimpse of an opening of the Public Prosecutor's Offices toward informal interlocutions with companies.
Released on Sep 1, 2022
Internal investigations: There is no escaping anymore!
Whistleblowing complaints on financial, ethical, and legal issues are on the rise in India. With the law not having evolved at the same pace, it has created even more uncertainties in the regulatory environment. However, consciously, many Indian corporates have adapted and changed gears, ushering in a new mindset, and incorporating policies to achieve the broader objective of ‘no fraud-no corruption’.
Released on Sep 1, 2022
Non-prosecution agreement under French law: self reporting and internal investigation are expected
The adoption of Law 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life, known as ‘Sapin II’, was a milestone in the field of negotiated justice since it introduced
Released on Sep 1, 2022
The framework of internal corporate investigations in Brazil – between the best practices and the lack of regulation
The growing complexity of societal structures and their respective schemes for financial crimes have put a spotlight in compliance programs and internal investigations in the past decades. In Brazil, one must navigate a scarcely regulated environment to conduct an internal corporate investigation.
Released on Sep 1, 2022
Recent developments in internal investigations: Argentina
Although internal investigations remain largely unregulated in Argentina, they are generally admitted by criminal courts as a legitimate means for collection of evidence and supporting criminal charges and/or civil complaints.
Released on Sep 1, 2022
Internal investigations: recent developments
An interview with Claudio Visco, IBA Secretary General. In this interview, Claudio discusses the impact of the rise in internal investigations on the global legal landscape and the challenges they face, drawing upon his experiences in managing corporate investigations.
Released on Sep 1, 2022