Analysis

ECJ Eases Self-Incrimination Worries In Market Abuse Probes

Law360, London (February 16, 2021, 6:38 PM GMT) -- Europe's top court has made it easier for individuals under investigation for market abuse to remain silent in a landmark decision with broad implications for individuals facing regulatory action relating to conduct punishable by criminal sanctions.

In a ruling on due process rights, the European Court of Justice held in January that regulatory market abuse proceedings may lead to the imposition of punitive administrative sanctions of such severity that they are liable to be regarded as "criminal in nature."

As a result, the court said, the right to silence protects individuals who refuse to give answers that might incriminate themselves from...

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