Privilege against Self-incrimination in International, European and Czech Law
Privilege against Self-incrimination in International, European and Czech Law

Summary/Abstract: Fair-trial guarantees were originally developed for the protection of natural persons accused of criminal conduct, taking into account the fact that such persons might be punished by imprisonment in case they would be found guilty. These guarantees stem from international, European and national law and the corresponding jurisprudence. Increasingly, this jurisprudence is being employed in proceedings of different nature - proceedings with legal persons, most often undertakings, equipped constantly with professional legal representation. Most case-law of such nature is connected with antitrust proceedings. On an example of privilege against self-incrimination, this article will argue that in antitrust proceedings against undertakings, the traditional jurisprudence, developed for the purposes of criminal proceedings, cannot be fully employed.

• Details
• Contents