Mondaq Europe: Criminal Law
In its fight against corruption and white collar crime, the Austrian Judiciary can from now on also rely on an anonymous whistleblowing system that has been implemented with the aim of obtaining such information more easily.
The U.S. Securities and Exchange Commission and the U.S. Department of Justice recently released a "Resource Guide to the U.S. Foreign Corrupt Practices Act" regarding the application and enforcement of the Foreign Corrupt Practices Act ("FCPA").
("CPI 2012") earlier today. The Corruption Perception Index ranks countries based on how corrupt their public sector is perceived to be.
The Austrian Public Prosecution Service (Public Prosecution) – represented by a prosecutor – is responsible for investigating crimes and prosecuting criminal offences.
According to the new regulations, an Austrian citizen or company can be prosecuted if the offence was committed abroad.
As of 1 January 2013, a new anti-bribery regime will be effective in Austria.
The directive on criminal sanctions is currently expected to apply to all Member States, with the exception of the UK and Denmark.
Introducing the principle of « una via » when taking on tax fraude cases: the choice for "only one way" … but is it the correct path to go down ?
There are no different national and regional enforcement levels in the Czech Republic.
The Czech Republic’s Act No. 253/2008 Coll., on certain measures against money laundering and financing terrorism (the "Act on Money Laundering") is not a novelty.
The UK Bribery Act (the "Act"), which has been in force since 1 July 2011, covers bribery in both the private and public sectors.
In connection with the recent LIBOR scandal, the European Commission, on 25 July 2012, amended its earlier proposals for regulation on insider dealing and market manipulation.
The risk of being faced with charges of criminal activity under French law, and especially business criminal law, has become an increased and particularly serious possibility for companies, their senior managers, and their employees.
France is currently the focus of an assessment by the OECD Working Group on Bribery.
The Criminal Justice Act 2011 came into effect on 9th August 2011 and was enacted with the aim of granting An Garda Síochána more extensive powers to investigate "serious and complex offences".
The General Scheme of the "Criminal Justice (Corruption) Bill 2012" was approved by the Irish Government on June 19, 2012.
With the Minister for Justice announcing new provisions to tackle the issue of white-collar crime, the Garda Síochána (Irish police force) have also signalled their intention to make this area a priority for 2012.
The Minister for Justice’s plans to tackle corruption and white-collar crime are continuing, with a range of new measures being rolled out.
On 20 June 2012, the Minister for Justice published the draft scheme of the much anticipated Criminal Justice (Prevention of Corruption) Bill 2012.
On 20 June 2012, the Minister for Justice published the draft scheme of the much anticipated Criminal Justice (Prevention of Corruption) Bill 2012.
The directive on criminal sanctions is currently expected to apply to all Member States, with the exception of the UK and Denmark.
A key similarity between the Irish and UK legislative regimes is that both penalise bribery and corruption offences committed anywhere in the world.
A summary of the Isle of Man’s new Bribery Bill which is expected to come into force this year.
The action of arrest is a unique Manx remedy available to creditors whose debtors are resident and/or retain property on the Island.
Investigating and prosecuting serious and complex fraud is about staying ahead of the game.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
The issue of criminal liability for encouraging or assisting another person to commit an offence is a complex and difficult area.
The UK Bribery Act 2010 has brought in significant changes to anticorruption law, replacing the previous bribery laws.
The Fraud Act 2006, which represents the most radical change in the law of criminal fraud since the Theft Act 1968, came into force on January 15, 2007. We are now over a year into the new law, which seems a reasonable juncture to pose the question: has it had any impact?
On 25th October 2011, the Court of Appeal (Lord Chief Justice, Henriques J., Gloster J.) issued its judgment in R v Clinton (Jon-Jacques) [2012] EWCA Crim 2.
The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners.
We recently reported that there is a new tough tone from the top at the Serious Fraud Office.
‘To allow the prompt and effective investigation of the offence’ is a familiar reason given by police officers to justify the arrest of a suspect.
It is a well established principle that a company has a separate legal personality from its members.
We have pleasure in announcing the publication of our International Guide to Anti-corruption Laws, which provides an "at a glance" summary and comparison of the key criminal and administrative corruption offences in the 22 countries featured.
In this new economic climate, white collar crime is no longer seen as victimless. It is seem as symptomatic of the failures of a global banking and regulatory system and countries are cracking down on perpetrators.
The Home Office has announced that it intends to stop certain old and minor cautions and convictions from appearing on criminal record certificates.
It was back in 1998 that Jack Straw, the then Home Secretary, asked the Law Commission to examine the law on fraud and whether a general offence of fraud would be an improvement to the body of criminal law.
Each of the offences has the potential for extra-territorial application, although the Guidance purports to narrow the Act’s reach over non-UK corporations.
On 15th December 2011, the European Court of Human Rights issued its final judgment in Al-Khawaja and Tahery v. United Kingdom.
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The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners.
The directive on criminal sanctions is currently expected to apply to all Member States, with the exception of the UK and Denmark.
On 25th October 2011, the Court of Appeal (Lord Chief Justice, Henriques J., Gloster J.) issued its judgment in R v Clinton (Jon-Jacques) [2012] EWCA Crim 2.
The new Disclosure and Barring Service has now become operational.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
The Government of the United Kingdom has recently announced an agreement with France, Germany, Italy and Spain to develop and pilot multilateral tax information exchange arrangements.
In its fight against corruption and white collar crime, the Austrian Judiciary can from now on also rely on an anonymous whistleblowing system that has been implemented with the aim of obtaining such information more easily.
France has implemented both Council Directive 85/374/EEC of July 25, 1985 and Directive 2001/95/EC of December 3, 2001.
The Home Office has announced that it intends to stop certain old and minor cautions and convictions from appearing on criminal record certificates.
In the recent case of IFG International Trust Company Limited and others v French (2012) CHP 2012/0048, the Isle of Man High Court gave useful guidance on the entitlement of a former protector to an indemnity from a trust.
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