This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. It provides research and theory on fair trial rights of corporations as defendants that is currently lacking from existing research. The research is conducted along two lines: firstly, the book analyses the origin, ratio and scope of the privilege against self-incrimination from a European perspective as well as from the perspectives of three selected national systems (Belgium, England and Wales and the United States of America). It covers the established CJEU case law in competition cases, the rulings in DB v Consob and Adler Real Estate and addresses Directive (EU) 2016/343. Secondly, it encompasses both theoretical and practical considerations, such as the relevance of privilege in relation to pre-existing documents, internal investigations and the applicability of the privilege against self-incrimination in different types of cases. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.Volume 18 in the series Hart Studies in European Criminal Law

Corporations and the Privilege against Self-Incrimination PDF

The list of books you might like