Martin Polaine & Arvinder Sambei ran a workshop on behalf of the CoE jointly for Belarus prosecutors, judges, investigators and ministerial officials on addressing the challenges in the implementation of criminal liability for legal persons.

Martin wrote a technical paper, which formed the basis of the presentation and discussion, examined the different approaches of states to legal person liability, the common law approach (UK, Canada and New Zealand), the vicarious liability model (the US) and the ‘imputed/deemed liability model of France. The workshop then focused on practical difficulties and challenges faced when investigating corporates in Belarus as the criminal procedure code does not currently recognise criminal liability for corporates; it is confined to administrative liability. The participants were invited to work through practical case studies to address issues relating to corporates, in particular, within the context of bribery, corruption and economic crime generally. The workshop also examined international good practices in investigating & prosecuting corporate criminal activity, which included:

  • How to start a case (sources of initial intelligence/information; proactive v. reactive investigations);
  • Difference/similarities between investigating individuals v. corporations;
  • Sources of information and evidence during investigation;
  • Use of financial investigators/analysts;
  • The intelligence-evidence 'interface' and use of special investigative means (SIMs) in the context of corporate crime;
  • Financial intelligence and financial investigations
  • Formulating an investigative & prosecutorial strategy
  • Internal investigations
  • Disciplinary proceedings against staff where criminal investigation follows/is likely to follow;
  • Status of corporate's in-house/external lawyers)
  • International co-operation

Useful links: http://pjp-eu.coe.int/en/web/eap-pcf/fight-against-corruption-and-fostering-good-governance/fight-against-money-laundering

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