Legal persons and compliance programs: the problem of proof shared with the criminal process of democratic pretension

The main objective of this paper is to critically analyze the production and possible sharing of evidence originating from compliance programs with the criminal process that is intended to be democratic. In this context, from a bibliographical review, we try to demonstrate potential implications of...

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Bibliographic Details
Main Author: Francisco França Júnior
Format: Article
Language:English
Published: Instituto Brasileiro de Direito Processual Penal 2018-10-01
Series:Revista Brasileira de Direito Processual Penal
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Online Access:http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/170
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Summary:The main objective of this paper is to critically analyze the production and possible sharing of evidence originating from compliance programs with the criminal process that is intended to be democratic. In this context, from a bibliographical review, we try to demonstrate potential implications of defense rights and some aspects of the tendency of privatization of traditionally state duties. Finally, we conclude that valid evidence is being used by private investigators as long as the same limits currently in force for the regular functioning of criminal proceedings in a democratic environment are respected.
ISSN:2525-510X