Voici les éléments 1 - 10 sur 78
  • Publication
    Accès libre
    Reduced statement credibility in interpreter-mediated interviews
    (2023-04-14) ; ;
    Stoll, Mirjam
    In this article, we examine whether the participation of an interpreter in police–suspect investigative interviews affects the perception of statement credibility based on the written record of the interview and, whether this relationship is influenced by the interaction style as depicted in the written record. This study thus addresses the question of whether the credibility problems observed in interpreter-mediated investigative interviews are carried forward to the case file and is based on the content analysis of 102 actual written records of police–suspect interviews conducted in Switzerland. Our results show, first, that written suspect statements are indeed considered to be less credible when an interpreter participates in the interview. Second, this effect is mediated by the questioning style and the fragmentation of discourse. According to the written records of interpreter-mediated interviews, interviewers use a more controlling questioning style and suspects provide shorter answers, which in turn results in reduced statement credibility.
  • Publication
    Accès libre
    Impression management in corporate corruption settlements: The storied self of the prosecutorial authority
    (2023-03-11) ;
    Bozinova, Melody
    Transnational corporate bribery cases are increasingly resolved through non-trial resolutions called settlements. These settlements lead to a considerable shift of the prosecutorial authority’s role. Drawing on Goffman’s impression management framework (1959), this article conceptualises settlement procedures as ‘backstage criminal justice’ that aims to shield criminal justice practice from public view and showcase a team-crafted narrative. Our narrative analysis of a publicly available settlement in England and Wales investigates the prosecutorial authority’s impression management strategies within settlement storytelling. The analysis reveals three distinct and sometimes conflicting narratives of the prosecutorial role in settling criminal justice. These conflicting narratives reflect the ambiguities inherent in enforcing national criminal laws transnationally against economically relevant companies.
  • Publication
    Accès libre
    Shadow state structures and the threat to anti-corruption enforcement: evidence from Uzbekistan’s telecommunications bribery scandal
    (2023)
    Kristian Lasslett
    ;
    The role which corporate and financial secrecy vehicles play in enabling transnational corruption has justifiably received growing scholarly and policy interest. Less attention, however, has been given to the enabling role played by political secrecy vehicles. Political secrecy vehicles denote arrangements that allow individuals to clandestinely exercise public authority, which is concealed by a formal bureaucratic façade. This article develops analytical categories for deconstructing political secrecy structures and pinpointing the threat they pose to anti-corruption enforcement. These structures and threats are then empirically explored through an investigative case study. The case study plots how shadow political space in Uzbekistan and the simulacra of impartial public administration, was utilised by a kleptocratic syndicate to conceal an international bribery scheme, and then weaponised by the conspirators to successfully frustrate enforcement efforts in Europe. Drawing on key lessons from the case study, proposals are made for how the threats posed by political secrecy structures can be jurisprudentially and practically counteracted.
  • Publication
    Accès libre
    Shadow state structures and the threat to anti-corruption enforcement: evidence from Uzbekistan’s telecommunications bribery scandal
    (2023)
    Kristian Lasslett
    ;
    The role which corporate and financial secrecy vehicles play in enabling transnational corruption has justifiably received growing scholarly and policy interest. Less attention, however, has been given to the enabling role played by political secrecy vehicles. Political secrecy vehicles denote arrangements that allow individuals to clandestinely exercise public authority, which is concealed by a formal bureaucratic façade. This article develops analytical categories for deconstructing political secrecy structures and pinpointing the threat they pose to anti-corruption enforcement. These structures and threats are then empirically explored through an investigative case study. The case study plots how shadow political space in Uzbekistan and the simulacra of impartial public administration, was utilised by a kleptocratic syndicate to conceal an international bribery scheme, and then weaponised by the conspirators to successfully frustrate enforcement efforts in Europe. Drawing on key lessons from the case study, proposals are made for how the threats posed by political secrecy structures can be jurisprudentially and practically counteracted.
  • Publication
    Accès libre
    The politics of informality in criminal procedures
    The tension between formality and informality is intrinsic to the implementation of criminal law. Criminal procedures in fact always happen on a continuum between formality and informality, where the different actors involved (police ofcers and other street-level bureaucrats, prosecutors, judges, experts, defense lawyers, etc.) continuously perform and negotiate (in)formality. This special issue explores these ’politics of (in)formality“ in different criminal law settings and from different disciplinary perspectives. The different empirical contributions explore the continuum between formality and informality as well as practices of informalization in two different levels of the criminal justice system: police investigations and court proceedings.
  • Publication
    Accès libre
    Les faits établis par des accords étrangers et des rapports internes - une base valide pour une décision pénale suisse ?
    Il s'agit d'un commentaire de l’ordonnance de la Cour des affaires pénales du Tribunal pénal fédéral SK.2020.49 et de la décision de recours de la Cour des plaintes du Tribunal pénal fédéral BB.2022.3. Les jugements des grandes affaires de corruption transnationale et de blanchiment d’argent font apparaître une nouvelle pratique qui consiste à établir les faits sur la base du contenu des transactions pénales judiciaires. À partir d’un cas actuel concernant Gulnara Karimova, nous identifions concrètement deux méthodes : d’une part, la communication et la transplantation transnationale des faits qui ont été établis dans des procédures de négociation (des accords) conclues à l’étranger et, d’autre part, le recours à des rapports internes. Cette contribution décrit ce phénomène, la problématique juridique et les préoccupations pratiques y relatives, en particulier quant à l’admissibilité et la valeur probante du contenu des accords et des rapports internes.
  • Publication
    Accès libre
    Ghostwriters of crime narratives: Constructing the story by referring to intercept interpreters’ contributions in criminal case files
    (2022-11-2) ;
    Grisot, Cristina
    In our paper, we examine the role of intercept interpreters in this storytelling. To do so, we employ the framework of narrative criminology, which has demonstrated the importance of stories for understanding both crimes and justice. Whereas previous research in the area of criminal justice focused on court rooms and police stations to study the making of the narrative, in this study we investigate the paperwork of case files. We then empirically analyze the mentioned textual strategies of criminal justice agents when referring to the contributions of intercept interpreters in order to examine whether the narrative deployed in the case file blurs or downplays the active role of intercept interpreters. Our study is based on material that derives from four case files from Swiss prosecutors in two French-speaking cantons in Switzerland to which we were given complete access. This material and our narrative criminological approach will increase our knowledge about how to critically reconstruct the narrative deployed in the case file of a criminal procedure.
  • Publication
    Accès libre