Feb. 29, 2024

Thesaurus : Doctrine

BOISSAVY, Matthieu🕴️

📝Compliance et droits de la défense : toujours pour le respect des droits humains, in 🕴️M.-A. Frison-Roche & 🕴️M. Boissavy (eds.), 📕Compliance et droits de la défense. Enquête interne - CJIP - CRPC

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â–ş Full Reference: M. Boissavy, "Compliance et droits de la dĂ©fense : toujours pour le respect des droits humains" ("Compliance and the rights of the defence: always in favour of respect for human rights"), in M.-A. Frison-Roche & M. Boissavy (eds.), Compliance et droits de la dĂ©fense. EnquĂŞte interne â€“ CJIP – CRPCJournal of Regulation & Compliance (JoRC) and Dalloz, coll. "RĂ©gulations & Compliance", 2024, pp. 27-32.

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đź“•read a general presentation of the book, Compliance et droits de la dĂ©fense. EnquĂŞte interne â€“ CJIP – CRPC, in which this article is published

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â–ş English Summary of the article (done by the Journal of Regulation & Compliance - JoRC): The author begins by describing Compliance, whereby the company's freedom is curtailed so that its power serves the goals set by the public authorities and prevents risks from occurring. These "Monumental Goals" are set by the public authorities either to prevent the occurrence of systemic risks, or to achieve beneficial objectives for society, human beings and the environment. In order to do this, companies will have to investigate themselves and denounce themselves, with this self-denunciation reducing the criminal penalties incurred as a result of infringements they have uncovered themselves. These surveillance tools facilitate the convention judiciaire d'intĂ©rĂŞt public - CJIP (French Judicial Public Interest Agreement) mechanism. They work "for the better" if the aforementioned Monumental Goals are achieved. They work "for the worse", if this is at the cost of sacrificing the rights of the defence.

The second part of the paper recalls the importance of the rights of the defence, their roots in history, and even in Natural Law, their position at the very top of the hierarchy of norms and, according to the author, the integration of the adversarial principle within them, as well as the fact that they apply even outside trials, as has been imposed by case-law in matters of dismissal. 

This is why, thirdly, the paper argues that the rights of the defence must always be applied in all compliance mechanisms, even if this does not involve a trial or a sanction in the strict sense of the term, particularly in internal investigations, procedures without a trial which are above all evidentiary mechanisms for the next stage, which is usually judicial. In addition, the author questions the effectiveness of the consents expressed during the CJIP and comparution sur comparution sur reconnaissance prĂ©alable de culpabilitĂ© - CRPC (French French guilty plea procedure).

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🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche's courses

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