By Emmanuel Moyne, Geoffroy Goubin and Léa Zimmermann. Trusts and French courts: a continuing misunderstanding - Criminal Law/Business Crime Committees.
By Thomas Lapierre, Martin Méric and Julie Zorrilla. Environment and compliance: new fertile ground in the EU? - Criminal Law/Business Crime Committees.
By João Augusto Prado da Silveira Gameiro. Brazil: the need to remove limitations on criminal liability of compliance officers - Criminal Law/Business Crime Committees
This article examines the Advocate General’s opinion WS v Bundesrepublik Deutschland (case C-505/19). It considers the relevance of double jeopardy to Interpol Red Notices, and data protection challenges to Interpol’s activities.
By Vladimir Hrle. Legality/opportunity principle regarding corporate criminal liability - Criminal Law/Business Crime Committees, February 2021.
By William Julié and Juliette Fauvarque. The rule against the extradition of nationals: overview and perspectives - Criminal Law/Business Crime Committees.
In France, corporations may now be held criminally liable for the previous criminal conduct of the companies they acquire through mergers.
By Sarah Reilly, Julia Velho and Julie Zorrilla. The rise to prominence of mandatory human rights due diligence binding multinationals - Criminal Law/Business Crime Committees
By Andrea Puccio. The role of the criminal lawyer in the area of corporate fraud - Criminal Law/Business Crime Committees, December 2020
By Emmanuel Moyne, Nima Haeri and Hubert Pouradier-Duteil. What is dead may never die: transfer of criminal liability from absorbed company to absorbing company following a merger
The Constitutional Court of Ukraine has passed two decisions concerning legislation on the National Anti-Corruption Bureau of Ukraine activities. This article analyses the implications of respective decisions on anti-corruption institutions and respective criminal proceedings in Ukraine.
Early in 2020, several Parisian lawyers discovered in the press that their phones had been tapped. Following this revelation, the former Minister of Justice referred the matter to the Inspection of Justice for a report on the investigation conducted by the PNF for breach of professional secrecy. While the Inspection of Justice considered that the PNF investigative methods were lawful, it has reinvigorated the debate on the adversarial principle, attorney-client privilege, and the protection of the rights o
This article outlines what to expect in Ukrainian legal market in the course of the next year.
Criminal proceedings against companies in Switzerland: still no deferred prosecution agreement
This article identifies the legal actions which have or could be led against China in order to render this state accountable for the damages caused by the Covid-19. Several proceedings have already been initiated by individuals or NGOs against the Chinese authorities at the domestic or international level. The possibility of an action by a state against China before an international jurisdiction remains open. Nevertheless, even if such an international court were to issue a decision against China...
Five considerations if your client faces extradition- Criminal Law/Business Crime Committees newsletter article, July 2020
The Spanish Constitutional Court has amended the wording of article 294 of the Judiciary Act, leading to a major change in the system of compensation for unjustified pre-trial detention. In the absence of a harmonised regulation on this matter, and in view of this change in the Spanish regulation, this article reflects on the compensation schemes in force in other EU Member States, taking into account the European Convention on Human Rights and the case law of the European Court of Human Rights.
This article covers a chronological outline of Romania’s legal framework incriminating the so-called ‘self-laundering’ component of the money laundering offence, including by making reference to the applicable EU secondary legal instruments. Emphasis will be placed on the divisive case law history behind the legislative option currently acknowledged that self-laundering is possible as long as the launderer’s acts do not consist of acquiring, owning or using the assets obtained through the predicate...
With the onset of the Covid-19 pandemic, the Philippine Supreme Court and Department of Justice have issued several measures aimed at helping the criminal process adapt to the quarantine, and expedite processes involving incarcerated persons and overcrowded prisons. These measures also address long-awaited reforms. Their imposition affirms the ability of the Philippine criminal justice system to rise up to the challenge of modern technology, and several practitioners have expressed support in adopting...
National lockdowns imposed during the Covid-19 pandemic have triggered a dramatic rise of domestic violence around the world. This article gives an overview of the situation by highlighting the gap existing between two different countries: France and Russia, in terms of legislative framework and enforcement aimed at preventing and fighting family rapes and abuse. Some innovative solutions are also exposed that could help building a post-Covid-19 world free of domestic violence.
Sanctions, diplomacy and corporate reality- Criminal Law/Business Crime Committees newsletter article, July 2020
This article discusses the extraterritorial laws applied by the United States, and the European Union’s response to these laws, since the 1990s. The stakes of this dynamic are high, as extraterritorial laws put in question states’ sovereignty. The evolution of these relations is to be closely watched, as the European Union and its Member States are finding diversified and innovative ways to reaffirm their sovereignty in the face of US extraterritorial laws, even if it is has been with limited success.
A reform of environmental criminal law, aimed at strengthening its response to environmental damage is shortly to be introduced in France. This article provides an assessment of the French legal and regulatory background to address environmental crime and upcoming procedural tools which will allow companies to be proactive when a given misdemeanour is uncovered.
A recent tax amnesty programme in Argentina was quickly followed by a substantial increase in applicable estate tax rates, leading many taxpayers to opt for irrevocable trusts as a tool for long-term estate planning. Consequently, the Argentine tax authorities have vowed to scrutinise irrevocable trusts and prosecute their misuse to the fullest extent of the law. The matter is likely to be contested in criminal courts, with few precedents to predict how courts could rule in this type of dispute.
Brazil is currently focused on privatising state-controlled entities. While this may present great investment opportunities, given Brazil’s issues with corruption, it carries a considerable amount of risk. This article establishes practices and precautions to uphold investors’ interests in cases of corruption, fraud or mismanagement. In doing so, it will endeavour to compare the US and Brazil’s statutes of limitation rules, proceeding with a practical analysis of civil actions for damages filed by investo
This article gives a brief outline of the crime of voyeurism in Singapore, and a criminal defence lawyer’s role in representing clients with voyeurism offences. It sets the context of the increased numbers such offences and provides some statistics on the crime, elaborating on recent updates to relevant legislation. The author concludes with her experience in representing clients who have committed voyeurism offences.
Jury trial perspectives in Brazil by Professor Rodrigo Faucz Pereira e Silva, Professor of Criminal Procedure Law
Faucz, Santos & Advogados Associados Curitiba, Brazil
By Kateryna Gupalo and Kateryna Shapran. The year 2019 saw a prodigious amount of legislation amendments in Ukraine, particularly relating to combating corruption. The changes have affected the Criminal and the Criminal Procedure Codes as well as other anti-corruption regulations. New anti-corruption bodies including the High Anti-Corruption Court and the State Bureau of Investigation have also come into operation. Ukraine therefore continues to develop and implement its anti-corruption reforms.
This article considers the future interconnectivity of the Internet of Things devices and our likely evolution from smart devices to smart cities. It contrasts the many practical benefits for society with the enhanced opportunities smart cities will bring for cyber criminals, able to exploit their increased attack surface, and for nation states able to prosecute or micro-monitor anyone it should target. It considers whether the criminal law can keep pace with the evolving threat
This article examines the huge settlement Airbus agreed with authorities in the UK, France and US in January 2020 regarding its use of bribery to gain contracts in a number of countries. It examines the size of the penalties imposed and how the multinational investigation progressed. The article also assesses the degree of international cooperation between the investigating agencies involved in this case, the introduction of deferred prosecution agreements (DPAs) in an increasing number of countries