Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/02/2021

Subject: The Court affirmed that natural persons who are subject to an administrative investigation for insider dealing have the right to remain silent when their answers might establish their liability for an offence that is punishable by administrative sanctions of a criminal nature, or their criminal liability. However, the right to silence cannot justify every failure to cooperate with the competent authorities, such as refusing to appear at a hearing or using delaying tactics

Parties: Consob

Classification: Justice - Art. 47 Fair trial, public hearing - Art. 48 Presumption of innocence - Rights of defence

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