25th Annual IBA Transnational Crime Conference

3 May - 5 May 2023

Session information

Privatisation of law enforcement: are companies becoming the new prosecutors?

Description

Everyone shall respect the law. But in ever-expanding situations, it is legally or informally required from companies that they make sure not only their officers and employees abide by laws and regulations, but also that all the third parties they are interacting with do so, in the countries where they are based as well as nearly all over the world. They are increasingly expected to detect potential criminal offences, internally investigate them, collect data, question people, establish potential individual liabilities, disciplinary sanction employees, self-report to the judicial or administrative authorities and cooperate to reach settlements while being strongly incited to do so.

But to what extent is this their role? What is it telling about public enforcement policies around the world? Are commercial companies becoming private prosecutors and should such a trend be questioned?

Session / Workshop Chair(s)

Emmanuel Moyne Bougartchev Moyne Associés, Paris, France; In-House Counsel Liaison Officer, Criminal Law Committee

Speakers

Patricia Leandro Uria Menendez, Madrid, Spain
Saverio Lembo Baer & Karrer, Geneva, Switzerland; Committee Liaison Officer, Criminal Law Committee
Laura Perkins Hughes Hubbard & Reed LLP, Washington, District of Columbia, USA; Corporate Counsel Forum Liaison Officer, Business Crime Committee
Fabyola Rodrigues Latin American Regional Forum Liaison Officer, Criminal Law Committee
Janusz Tomczak Raczkowski, Warsaw, Poland; Co-Chair, Criminal Law Committee