Risks of Self-Incrimination in Cross-Jurisdictional Proceedings

Written By Christiaan A. Jordaan

In today's globalized world, it is no surprise that conduct subject to regulatory, civil and criminal liability is often international in scope. One significant issue that arises in international investigations and which stems from the participation of a number of different legal systems is the potentially weakened protection against self-incrimination for evidence given in regulatory or civil proceedings. The problem is acute with respect to international investigations involving Canada or the United Kingdom, and where the witness may be subject to regulatory or criminal prosecution in the United States. While all three countries provide constitutional protection against self-incrimination, their different approaches to the issue could potentially leave a person responding to proceedings in multiple jurisdictions in a "no man's land" without any protection at all. Co-authored by Christiaan A. Jordaan. (2013) 18:1 Corporate Liability 1050