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.