NonIncrimInA

Non-incrimination principle in administrative and OLAF investigations

As the border between administrative and criminal has faded, European Courts have increasingly extended criminal law's fair trial guarantees to administrative proceedings which present certain punitive traits. In this process, the adaptation of the privilege against self-incrimination has proven particularly challenging. While it is uncontested that no one can be forced (directly or indirectly) to admit their guilt, the extent of the privilege beyond self-accusatory statements is a contentious matter.

The compliance of mandatory duties of cooperation and the extent of the right to silence are of special relevance in administrative proceedings. Also, the possibility to punish (and the definition of punishment) of non-cooperative behaviors of the defendant are a matter of heated debate.