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date: 20 February 2020

Abstract and Keywords

This chapter examines special procedures applicable to white-collar and corporate crimes from a European perspective. It first considers the different procedures applicable to corporate crime, focusing on special procedures aimed at preserving sovereign powers, regulatory powers, and co-regulation powers. In each case, tax crime, anticompetitive practices, and anticorruption policies are used as examples, respectively. The chapter proceeds by discussing the distinctive characteristics of special procedures, with emphasis on how confusion of powers prevails over the separation of powers in these procedures, how the search to restore the equilibrium disrupted by misconduct prevails over condemnation and punishment and thus guides enforcement in a direction that is principally prospective rather than retrospective, and why balance of power is an important issue. Finally, the chapter analyzes the possible impact of special procedures on the criminal justice system, particularly on prosecutorial powers.

Keywords: special procedures, white-collar crimes, corporate crimes, sovereign powers, regulatory powers, co-regulation powers, confusion of powers, separation of powers, criminal justice, prosecutorial powers

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