Corporations and the Privilege against Self-Incrimination. ISBN 9781509953318 from Practitioner Books

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.

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

Author(s)	By Dr Stijn Lamberigts (Eubelius, Belgium).
Publisher	Bloomsbury Publishing PLC
ISBN	9781509953318
Format	Hardback
Pages	416
Published in	United Kingdom
Published	15 Dec 2022
Availability	Not yet available

Corporations and the Privilege against Self-Incrimination

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