Criminal investigations on corporate liability

The spread of corporate criminal liability regimes caused corporations to become potential subjects of criminal investigations – for crimes committed in their interest or to their advantage.

This book resorts to a functional point-by-point legal comparison to analyze the reactions of two legal systems – Italy and the United States – to corporate crime in the phase of preliminary investigations.

First, it provides a systematic account of the two legal systems considered, both on criminal procedure and on corporate criminal liability.

Subsequently, it covers specific features encountered by public prosecutors when initiating, conducting and completing an investigation against corporations, as well as by defense counsel in building a defense in this phase.

Throughout the enquiry, it focuses on the transversal topics of negotiated justice for corporations, the role of the private sector and of compliance in preventing corporate-related crimes, and the ontological differences between individual suspects and artificial legal entities.

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Elena Militello was born in Palermo in 1992 and currently lives in Luxembourg. She holds a Combined Bachelor and Master Degree in Law from Bocconi University in Milan and a Ph.D. in Law and Humanities from the University of Insubria in Como. Her major research interests include comparative and European criminal procedure, corporate and financial crimes, restorative justice and prison law.