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RevACLaw - Revamping Anticorruption Criminal Law - La refonte du droit pénal anticorruption

Titre du projet
RevACLaw - Revamping Anticorruption Criminal Law - La refonte du droit pénal anticorruption
Description
Transnational corporate corruption represents a rising criminal activity and a severe challenge for law enforcement prosecutors. Since 2000, anti-corruption norms have been increasing, leading to multi-jurisdictional criminal procedures due to the revamping of substantive criminal law, procedural criminal law and mutual legal assistance in criminal matters. Within this framework, a hybrid model of corporate criminal justice has emerged, leading to a non-transparent and exclusive form of conducting criminal justice. The EU-funded RevACLaw project aspires to provide an inclusive conceptual scheme for the study of revamping strategies leading to the hybrid corporate criminal justice model and assess the impacts of such a model. The project will focus on France, Switzerland, the UK and the USA, using an innovative interdisciplinary method.
Chercheur principal
Statut
ongoing
Date de début
01 Septembre 2020
Date de fin
31 Août 2025
Chercheurs
Bozinova, Melody
Nzeyimana, Festus
Organisations
European Research Council
Site web du projet
identifiant
https://libra.unine.ch/handle/123456789/30553
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  • Publication
    Accès libre
    Shadow state structures and the threat to anti-corruption enforcement: evidence from Uzbekistan’s telecommunications bribery scandal
    (2023)
    Kristian Lasslett
    ;
    Capus, Nadja 
    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
    Negotiating without the victim state: the exclusiveness of anticorruption settlements
    (2021)
    Capus, Nadja 
    ;
    Brodersen, Kei Hannah 
    Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.
  • Publication
    Accès libre
    Impression management in corporate corruption settlements: The storied self of the prosecutorial authority
    (2023-03-11)
    Capus, Nadja 
    ;
    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