A Critical Analysis of the Effect of the Double Criminality Test on the Investigation Team and the Prosecution’s Case

25 Pages Posted: 26 Oct 2014 Last revised: 25 Jan 2015

See all articles by Ehi Esoimeme

Ehi Esoimeme

University of Wales System - Cardiff Law School

Date Written: October 30, 2013

Abstract

This paper critically discusses the effect that the new double criminality test has on the Investigation team and the Prosecution’s Case. It starts by looking at the difficulties the new double criminality test is likely to create for the Investigators addressing issues like ‘risk posed by materials/documents which are subject to legal professional privilege and excluded materials provision’ and ‘risk posed by the bank secrecy laws of some countries.’ It then looks at the difficulties the double criminality test is likely to create for Crown Prosecutors as regards the execution of their duties. It does this by addressing issues like risk posed by complexity of a foreign criminal code.

Keywords: Double Criminality, SARs, Legal Professional Privilege, Bank Secrecy Laws, Foreign Criminal Code, Single Criminality

Suggested Citation

Esoimeme, Ehi, A Critical Analysis of the Effect of the Double Criminality Test on the Investigation Team and the Prosecution’s Case (October 30, 2013). Available at SSRN: https://ssrn.com/abstract=2514719 or http://dx.doi.org/10.2139/ssrn.2514719

Ehi Esoimeme (Contact Author)

University of Wales System - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

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