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Félix Gros

The State of Transposition by France of the EU Directives on the Rights of Suspects in Criminal Proceedings

1 April 2017 (updated 1 year, 6 months ago) // english

Introduction The suspect is the key figure in procedural criminal law. To some extent, he is the reason for being of all criminal procedure, since the latter aims at setting up rules in order to protect him from unfounded accusations and arbitrariness. In line with the Stockholm Programme of 2010, the last few years have seen the EU strengthening the rights of suspects and accused persons.1 It adopted a number of directives with the purpose of providing suspects with the means to understand, participate in, and complain about criminal proceedings, so that they are able to defend themselves effectively, in... Read more

François Faletti

The European Public Prosecutor’s Office and the Principle of Equality

1 April 2017 (updated 1 year, 6 months ago) // english

Introduction After years of negotiations, the adoption of the Regulation on the establishment of the European Public Prosecutor’s Office (hereinafter EPPO) is near. Even if no unanimity can be reached in the Council of the European Union, there seems to be a strong political will amongst most Member States to set up the EPPO, if necessary through an enhanced cooperation procedure.1 The current draft Regulation already provides insight into how the EPPO would take shape.2 The Regulation foresees that the EPPO will be a European prosecution office that is in many ways subject to national courts and legislation. Nevertheless, the... Read more

Giovanni Bana / Lucio Camaldo / Marina Troglia

Feuille de route et droits de la défense
Les enquêtes défensives à l’étranger

1 April 2017 (updated 1 year, 6 months ago) // french

The Italian criminal law system, unlike the systems in many other European countries, allows the defense to carry out defensive investigations on behalf of his/her client. In this contribution, the shortcomings of the recent European legislation on the matter are analyzed, as well as the issue of the validity in Italian criminal proceedings of defensive investigations conducted by the defense council abroad. The admissibility in the criminal case of defensive investigations conducted abroad by an Italian defense lawyer was, in fact, already rejected ten years ago by the Italian Court of Cassation. The Court stated that the official state instruments of international mutual legal assistance in criminal matters must be used if investigations are carried out abroad. The authors argue in this contribution that this position cannot be upheld in a unified Europe and deserves fundamental reconsideration. They also advocate a European solution of defensive investigations abroad – a possible … Read more

Maxime Lassalle

La révision de la quatrième directive anti-blanchiment à la lumière

9 December 2016 (updated 1 year, 6 months ago) // french

The Commission’s proposal for a directive amending the fourth AML directive raises numerous issues concerning respect of the rights to privacy and to protection of personal data. The main challenges are related to the creation of central and public registries of beneficial ownership information and to the extension of the powers of the financial intelligence units concerning access to financial data. The latter is of utmost concern, as this new power of access to personal data is not balanced with explicit legal guarantees. Financial data, however, are private data deserving adequate protection.

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Met-Domestici_online.jpg Alexandre Met-Domestici PhD

The Fight against Money Laundering in the EU
The Framework Set by the Fourth Directive and Its Proposed Enhancements

1 December 2016 (updated 1 year, 6 months ago) // english

I. Introduction The recent terrorist attacks that struck France and Germany in the past year unfortunately demonstrated that the EU is far from being immune to the worst criminal threats. As a response, the Union adopted the European Agenda on Security1 and an Action Plan to strengthen the fight against terrorist financing.2 In the former, the Commission stressed the need for a new directive on combatting terrorism, while also adopting another Action Plan against the trafficking of firearms and controlling the use of explosives. The latter is part of a comprehensive approach aimed at fighting money laundering and terrorist financing.... Read more