Autor: Flaviu CIOPEC
Publicat în: Journal Of Eastern European Criminal Law no. 2/2019
Revistă disponibilă: aici.
Abstract: The new provisions on the liability of legal entities have brought about a significant gain for criminal justice: companies could now be fined or subjected to penalties, often more severe than fines, i.e. dissolution, temporary suspension of activity or prohibition of participation in public tenders. Faced with sanctions that have the ability to alter the ultimate essence of a corporate milieu, alongside and outside the criminal justice process, internal control procedures have been put in place in order to take away a potentially criminal matter from the state supervision. These processes, neutrally called – internal investigations – have the capacity to be the genuine content of a new criminal practice, adopted by all major law firms that provide advice to large corporations. This study seeks to identify the main features of this type of investigation, the convergence of elements belonging to different areas (criminal law, labor law, corporate law etc.), the divergence from classical investigative procedures and the potential insurgence against human rights.
Keywords: internal investigations; new criminal practice; emergence; convergence; divergence; insurgence.