The Role of Corporations in Criminal Justice

Preface

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Preface
Dominik Brodowski, Manuel Espinoza de los Monteros de la Parra, Eduardo Saad-Diniz

Setting the scene

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The Role of Corporations in Criminal Justice – an Introduction
Dominik Brodowski
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Of Corporations and Individuals
Hans Schuman
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Biases in Judgment of White-Collar Crimes
Lorena Varela

Broadening the Scope: the Multifaceted Role of Corporations in Criminal Justice

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Transforming the Role of Corporations in Criminal Proceedings: Ideas on Compliance and Corporate Victimization
Eduardo Saad-Diniz
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Institutions and Organizations As Victims of International Crimes? A Critical Analysis
Patryck Gacka
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Restorative Justice for Victims of Corporate Crime: Existing Practices and Approaches for the Future
Victor Yurkov

To Prosecute or not to Prosecute, that is the Question

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The Relevance of the Collaboration of the Corporation in Criminal Proceedings
Susana Aires de Sousa
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Corporate Criminal Liability and Negotiated Justice in Italy: Something New under the Sun?
Marco Colacurci
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The Effect-Oriented Approach in Criminal Proceedings against Corporations
Martina Galli
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Corporate Liability and Diversion: Towards a New Criminal Law for Collective Entities?
Frederico Mazzacuva

Criminal Compliance and its Relation to Corporate Liability

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Reactive Fault: The ‘New’ Frontier in Corporate Criminal Liability
Amalia Orsina
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The Impact of Compliance on Liability and Sentencing of Corporations – A Comparable Approach between Germany and the US
Melena Krause
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Carrot and Stick: The Liability Regime and Compliance Program Incentivizing – A Comparison between the USA and Germany
Ruiheng Yuning

Double Jeopardy Protection in Criminal Proceedings Against Corporations

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Prohibition of Double Jeopardy (‘Ne Bis in Idem’) in Transnational Criminal Proceedings against Corporations
Kilian Wegner
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Ne Bis in Idem and Corporate Liability: Are Corporation and its Agent really different Persons?
Annarita De Rubeis
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The Ne Bis in Idem Principle and the Duplication of Parallel Criminal And Administrative Punitive Measures in the Field of Economic and Financial Crime in Europe
Waleed M. ElFarrs

Criminal Compliance, Internal Investigations and Human Rights

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The American Way of Conducting Internal Investigations
Sergio Herra
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Corporations as Rights Holders in Criminal Proceedings: Special Reference to the Right against Self-Incrimination
Ana María Neira Pena
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Corporations in Criminal Proceedings: How do Internal Investigations affect Employees’ Human Rights?
Ana E Carrillo del Teso
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Compliance Programs and Legal Entity’s Safeguards in Criminal Proceedings
Silvia Massi, Anna Salvina Valenzano
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Search and Seizure of Documents Generated in Internal Investigations – Lessons to Learn from European Law
Anne Schneider