Criminal Law

Garrigues

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  • The EU extends the list of environmentally unfriendly behaviour that can be punished under criminal law

    Directive 2024/1203 strengthens European environmental criminal law and requires Member states to ensure that such activities are punishable under their laws by 21 May 2026. It also establishes a profuse penalty regime that Member states will have to observe when determining the penalties to be imposed for such conducts.

  • Criminal proceedings and the right to be forgotten: until when can the personal data of convicted persons be published?

    A person involved in criminal proceedings may acquire what has come to be known as "supervening notoriety" and have to accept that his or her identity will be disseminated. However, after a number of years, the question arises as to the possible removal of this negative information

  • João Lima Cluny joins Garrigues to head the criminal law practice in Portugal

    With more than 15 years’ experience, João Lima Cluny is a respected lawyer in the field of economic criminal law where he has participated in some of Portugal’s most significant criminal proceedings in recent years.

  • Chile: Publication of Law No. 21.592, which establishes a whistleblower protection statute

    The law conceives access to protection as a right of any whistleblower who reports irregularities within organisations and guarantees their personal integrity and that of their property, as well as the preservation of their living and working conditions, which could be threatened as a result of their whistleblowing or their participation in the respective investigations.

  • Criminal compliance models as an indicator of the management of ESG factors and sustainability in companies

    Gabriel Castro and Beatriz Bustamante, partner and principal associate, respectively, of the Garrigues Litigation and Arbitration Department, and Juan Pablo Regojo, director of the Compliance Unit of the Nueva Pescanova Group, address the ‘Models of organization and management in companies for crime prevention from a practical perspective’, in a new edition of ‘The Garrigues Sustainable Dialogs’.

  • Digital Services Act: The European Commission proposes a new regulatory framework for the Internet

    The European Commission has just published its proposal to regulate digital services in two texts which even it considers ambitious: the Proposal for a Regulation on Digital Markets (analyzed here) and the  Proposal on a Regulation for Digital Services (DSA) which we address below. In forthcoming articles, we will take a close look at the many changes that lie ahead. Today, by way of introduction, we provide a summary of the main obligations (and rights) contained in the Proposal for a Regulation on Digital Services.