EuCLR European Criminal Law Review

The European Commission considered the Directive 2008/99/EC on the protection of the environment through criminal law inadequate to address the challenges posed by the advancing climate crisis. As a result of this assessment, the European...

The article aims at providing an insight into the reforms outlined within the Italian National Recovery and Resilience Plan, with a view to showing that they differ from past legislative changes and signal an overall shift in approach (and mindset),...

Corruption remains a problem in many countries. As a result, national and international mechanisms have been put in place to prevent or combat it. The international measures include the adoption of United Nations Convention Against Transnational...

The aim of this article is to propose an interpretation of sports corruption that is consistent with the already consolidated economic dimension which characterises the sports sector, an element that has been legally recognised by the European...

The present article discusses possible improvements in the field of circulation of cross-border evidence in Europe. It begins with an overview of the developments of the different channels for evidence circulation, by differentiating informal...

This article concerns the issue of gathering of evidence by the EPPO in cross-border investigations conducted with the participation of Polish procedural organs, with special focus on the search of private premises. The first part of the...

The article discusses structures of judicial scrutiny in EU cross-border investigations through the lens of the rules applicable to European Investigation Order (EIO) proceedings. These function according to an updated and, thus, more flexible...

The aim of the article is to present selected issues related to the hearing of a minor victim on the basis of the EIO. Conducting this investigative measure, the requirements of which may be strictly defined in national law and at the same time...

The article addresses the issue of the scope of judicial review in the executing State in EIO proceedings. According to the EIO Directive, such a control should operate within the limits of the principle of equivalence with similar domestic cases....

The paper focuses on the concept of effective remedy guaranteed in Art. 47 of the Charter. After a brief critical analysis of the judgment of the Court of Justice in Gavanozov II case, it is considered what features a remedy should have in relation...

This article outlines the central positions of ECtHR case-law regarding the application of the criminal limb of Article 6 ECHR, and particularly the presumption of innocence (Art. 6 [2] ECHR), in the field of confiscation. Special focus is placed on...

This paper aims at providing a critical perspective on the European Union’s adoption of criminal law as a key mechanism for enforcing sanctions against Russia and Belarus following the 2022 invasion of Ukraine. It scrutinizes the evolution and...

On 21 December 2023, the Court of Justice of the European Union (hereinafter: ECJ) ruled on the question referred by the Oberlandesgericht Wien (Higher Regional Court, Vienna, Austria) concerning the interpretation of Art. 31 para. 3 of Council...

The European Commission’s proposal for a Directive on combating corruption would entail a massive expansion of criminal liability that would go well beyond the traditional concept of corruption. The proposal would make numerous non-binding UNCAC...

The protection of the truthfulness and transparency of corporate information is a classic pillar of the economic criminal law. Criminal provisions aimed at punishing false accounting and other false corporate communications have been present for a...

The introduction of Directive 2017/1371, also known as the “PIF Directive”, represents a significant outcome of the European Union’s efforts to harmonise criminal laws across Member States, aimed at enhancing the fight against financial fraud...

An offence committed by artificial intelligence seems like an oxymoron, at least in a legal system in which criminal offence is literally an expression of the personality of a human being. However, reality knocks on the door of the criminalist,...

This article is an expanded version of the author’s valedictory lecture delivered on the occasion of his retirement as Professor of Economic and European Criminal Law at Utrecht University on 10 March 2023, supplemented with footnotes. Its lecture...

The proposal for a Corporate Sustainability Due Diligence Directive [CSDDD] has led to numerous questions in various legal areas. However, little has been examined so far regarding whether a breach of the obligations programme that member states...