Criminal Law

Recent Articles

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  01/07/2025

  Switzerland

  Failure to report cyberattacks on critical in­fra­struc­ture: legal obligations and criminal consequences

  Since April 2025, the Information Security Act of 18 December 2020 (ISA) requires various authorities, public sector enterprises and private organisations operating critical infrastructure to report cyberattacks to the National Cyber Security Centre (NCSC).Starting in October 2025, non-compliance with this reporting obligation may lead to criminal liability for individuals within these organisations, particularly board members, executives and employees, who are internally responsible for complying with the reporting obligation.This article provides a short overview of the obligation to report cyberattacks...

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  08/04/2025

  United Kingdom

  New legislation to protect certain larger premises and events from terrorist attacks

  This article contains public sector information licensed under the Open Government Licence v3.0.SummaryThe Terrorism (Protection of Premises) Act 2025, also known as “Martyn’s Law”, gained Royal Assent on 3 April 2025. This is intended to protect certain larger premises and events in the UK from terrorist attacks. It will impact on premises with a capacity of 200 or more people and there will be additional measures for premises or events with a capacity of 800 or more people. This could affect a variety of larger premises including shopping centres, hotels, schools and stadiums...

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  25/03/2025

  United Kingdom

  Recovery Powers under the Proceeds of Crime Act 2002 - con­sid­er­a­tions for pension trustees and providers

  Towards the end of last year, the Serious Fraud Office (“SFO”) recovered £295,000 from two pension funds of a convicted fraudster.  Virendra Rastogi was convicted in 2008 of masterminding a worldwide metals trading scam that defrauded financial institutions out of hundreds of millions of dollars. Following the conclusion of the criminal trial, the SFO has pursued confiscating cash and other assets from Mr Rastogi and his criminal associates.  A confiscation order of £20 million had been awarded against him.  Having received an original sentence of 9½...

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  10/03/2025

  Switzerland

  Duty of truthfulness in regulatory ad­min­is­trat­ive proceedings and criminal liability – pitfalls in connection with Art. 45 FINMASA

  Art. 45 of the Federal Act on the Swiss Financial Market Supervisory Authority of 22 June 2007 (FINMASA) penalises the provision of false information to the Swiss Financial Market Supervisory Authority, self-regulatory organisations, and other organisations and persons entrusted with financial market supervision under FINMASA. Both the intentional and negligent provision of false information is punishable under Art. 45 FINMASA.Since regulated entities have a duty to provide information as part of financial market supervision, the risk of criminal liability is not merely theoretical. Consequently,...

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  23/01/2025

  Romania

  Navigating criminal liability risks for generative AI companies

  AI generative technology has revolutionised industries, advancing content creation, automation, and innovation, but its rapid adoption introduces criminal liability risks for developers, providers, and users. For generative AI (gen-AI) companies operating in Romania and across multiple jurisdictions, understanding and mitigating these risks is crucial for avoiding legal exposure and fostering trust.The following article highlights key criminal liability implications surrounding gen-AI in Romania and suggests strategies to ensure compliance and risk mitigation.Key areas of criminal liability for...

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  11/11/2024

  United Kingdom

  Failure to prevent fraud offence: “reasonable procedures” guidance published and the countdown begins

  The UK’s Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) makes various changes in the law relating to economic and financial crime.The official Guidance on the new offence of “failure to prevent fraud” (the “Guidance”) has now been published. Companies which have not already put anti-fraud procedures in place now have under 10 months in which to do so.The Failure To Prevent Fraud OffenceIn summary:The new offence will come into force on 1 September 2025.The new offence will apply  to large organisations  to which at least two of the...

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