18
Mar
In a recent decision, the ECJ affirms the right to remain silent for individuals prosecuted for administrative offence of a criminal nature and denies to member states the possibility to impose sanctions for failure to cooperate to the investigation. Such protection is however not recognized to legal persons.
Factual and procedural background
The Italian market surveillance authority (the “Consob”) fined an individual a total amount of 300,000 EUR for administrative offences of insider dealing and unlawful disclosure of inside information. It...