Internal Investigations

Postgraduate Thesis uoadl:2714053 455 Read counter

Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική Δικονομία
Library of the School of Law
Deposit date:
2018-03-22
Year:
2018
Author:
Chatzidimitriou Maria
Supervisors info:
Αριστομένης Τζαννετής, Επίκουρος Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Internal Investigations
Languages:
Greek
Translated title:
Internal Investigations
Summary:
The subject of this thesis is an – as extensive as possible - comprehensive overview of corporate internal investigations with emphasis given on their examination in light of any given internal Legal Order.
The structure followed is analyzed in the presentation of the main practical aspects of the internal investigations mechanism, as it develops in the penal systems that recognize the practice of internal investigations as a method to deter corporate crime. The practical presentation is followed by the necessary theoretical approach of such investigations, as a legislative option in numerous criminal systems, which meets institutional recognition in some of them, as an obligation on corporations to develop compliance programs and the criminal liability that is afflicted by their failure to perform effective internal investigations.
The theoretical examination of in-house investigations, as an institution, has been focused on their nature as an essential aspect of the privatization of Criminal Law, and it was further attempted to highlight the causes and consequences that the "outsourcing" of criminal prosecution brings in the physiognomy of the criminal system in question.
The main interest of examining the institution of internal investigations is put on the field of tension created between the introduction of provisions for intra-company investigations and in particular internal investigations by private individuals versus the criminal doctrine adopted by the national Legal Order, while the unquestionable cultural and theoretical differences between continental and common law have been taken into consideration as well.
In particular, the compatibility of the Internal Investigations with the defendant's fundamental rights of defense, such as the right to silence and the right to non-self-incrimination, as well as the principle of impartiality of the judicial authority, is examined thoroughly and an attempt has been made to give examples of inter-company research systems from at least two national Legal Orders (USA, Germany), while Internal Investigations as an institution has been examined in relevance to four jurisdiction systems (Greece, USA, Germany, ECtHR) .
Main subject category:
Law and Legislation
Other subject categories:
Criminal Law
Keywords:
compliance programs, vcompliance measures, internal investigations, internal confessions, right to silence, right to no self-incriminations, corporate crime
Index:
No
Number of index pages:
0
Contains images:
No
Number of references:
51
Number of pages:
82
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