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Non-incrimination principle in administrative and OLAF investigations

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What NonIncrimInA does

As the border between administrative and criminal has faded, European Courts have increasingly extended criminal law's fair trial guarantees to administrative proceedings which present certain punitive traits. In this process, the adaptation of the privilege against self-incrimination has proven particularly challenging. While it is uncontested that no one can be forced (directly or indirectly) to admit their guilt, the extent of the privilege beyond self-accusatory statements is a contentious matter.

The compliance of mandatory duties of cooperation and the extent of the right to silence are of special relevance in administrative proceedings. Also, the possibility to punish (and the definition of punishment) of non-cooperative behaviors of the defendant are a matter of heated debate.

Research Team

The NonIncrimInA project is led KU Leuven. The Principal Investigator is Prof. Michele Panzavolta. The KU Leuven team further includes Dr. Anna Mosna, Dr. Pieter Tersago and Mr. Giulio Soana. Crucial expert contributions are provided by Prof. Wouter Devroe and Prof. Veerle Colaert from KU Leuven as well as by Prof. Antonio Gullo, Prof. Aldo Sandulli, Prof. Filippo Dinacci, and Prof. Daniele Gallo from LUISS University.

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