Event
17 May 2017

20th IBA Transnational Crime Conference : Conducting the defense investigation : A comparison of law and practice

Stéphane de Navacelle intervenes at the 20th IBA Transnational Crime Conference in Lisbon in a panel composed of Francesco Isolabella Della Croce (Studio Legale Lodovico Isalobella) and Paul Schoeman (Kramer Levin). The panel discussed the different jurisprudential and practical approaches to conducting both pre and post charge defence investigations in the jurisdictions named above. It explored the extent to which the laws of the various jurisdictions expressly or implicitly contemplate such investigations, whether and how such investigations are actually conducted in those jurisdictions and how the fruits of the investigation can be employed pre charge and at trial. It also addressed issues relating to the retention of third parties such as investigators and forensic accountants to assist lawyers in their fact finding, as well as the legal issues implicated by those retentions, including privilege and ethical issues. Finally, the panel adressed the strategic and tactical considerations in using facts developed in the course of a defence investigation, both in attempting to persuade prosecutors not to bring charges and the use of such facts at trial.

Related content

Analysis
La 32e chambre correctionnelle du tribunal judiciaire de Paris se prononce pour la première fois en matière de délit de manipulation de marché
7 July 2023
The Paris Criminal Court issues its first decision on a market manipulation case
On 25 May 2023, the Paris Criminal Court (32nd Chamber) ruled for the first time on the offence of market...
Analysis
CumEx files
13 January 2022
CumEx files, from tax optimization to tax fraud?
A look back at the revelations of the "CumEx files" and key take aways on these practices of tax optimization...
Press review
Press review
22 September 2023
Press review – Week of 18 September 2023
This week, the Navacelle press review looks back at the adoption of the eighth version of the European Administrative Cooperation...
Analysis
La Cour de cassation reconnaît à la justice française la compétence universelle dans le cadre de crimes commis en Syrie.
18 September 2023
French Supreme Court (Court de Cassation) recognizes the universal jurisdiction of the French judicial courts...
In two rulings handed down on May 12, 2023, the French Supreme Court (Cour de Cassation) clarifies the conditions under...
Press review
press review
15 September 2023
Press review – Week of 11 September 2023
This week, the Navacelle press review looks back at the decision of a Brazilian Supreme Court judge to overturn the...
Press review
Press review
8 September 2023
Press review – Week of 4 September 2023
This week, the Navacelle press review discusses the guide published by the European Commission for EU operators on the best...
News
Bastille day newsletter 2023
14 July 2023
Bastille Day Newsletter 2023
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events...
Publication
Judicial public interest agreements (CJIP)
13 July 2023
[Infography] Focus on Judicial public interest agreements (CJIP)
Since its creation by the Sapin II law of 9 December 2016, the Judicial Public Interest Agreement (“Convention Judiciaire d’Intérêt...
Publication
Focus on the French financial markets authority activity (AMF)
13 July 2023
[Infography] Focus on the French financial markets authority activity (AMF)
The French Financial Markets Authority (“AMF”) intensive enforcement activity again demonstrates the regulator’s ambition to continuously strengthen market surveillance, through...
Publication
13 July 2023
[Infographie] Focus on the French data protection authority activity (CNIL)
Over the past months, the French Commission Nationale de l’Informatique et des Libertés (“CNIL”), regulator of personal data, imposed tremendous...
Analysis
13 July 2023
Overview of arbitration case law
French case law rendered this past year has notably addressed the enforcement regime against assets frozen because of international sanctions,...
Analysis
13 July 2023
AFA and PNF publish a guide to anti-corruption internal investigations
On 14 March 2023, the French Anti-Corruption Agency (“AFA”) and the French National Financial Prosecutor's Office (“PNF”) jointly published a...
Analysis
13 July 2023
PNF updates its guidelines for judicial public interest agreements
In January 2023, the National Financial Prosecutor published its new guidelines on judicial public interest agreements, which are intended to...
Analysis
13 July 2023
The French Supreme Court confirms in its decision “La Chaufferie de La Défense” that the...
In a decision dated 9 November 2022, the criminal chamber of the French Supreme Court confirmed its case law on...