Contribution2024
Compliance et droits de la défense
Dalloz & JoRC
Internal investigations, CJIPs, and CRPCs. Edited by Marie-Anne Frison-Roche and Matthieu Boissavy. The rights of the defense are one of the pillars of the rule of law. At first glance, compliance techniques appear indifferent to them in the name of efficiency — particularly across a sequence unfolding over time: internal investigations, judicial public interest agreements (CJIP), and pre-trial guilty plea proceedings (CRPC). Yet because compliance law is itself an expression of the rule of law, seeking to detect and prevent systemic risks in order to protect human beings present and future, this opposition must be overcome and compliance reconciled with the rights of the defense. Compliance's Monumental Goals, which justify its power — for instance in obtaining information — and the fundamental rights of the defense, which for instance require the presumption of innocence, must be reconciled with one another through the interpretation of existing texts, or the adoption of new ones. The book analyzes each of these three mechanisms, in particular the still lightly regulated internal investigation, and considers them in light of one another to formulate proposals.
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