Derecho penal

Artículos Recientes

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  30.11.2023

  United Kingdom

  Part 4 of the Building Safety Act 2022 – Are you clear on your duties?

  The Building Safety Act 2022 (the “BSA”) contains measures that are intended to improve and maintain the safety of Higher-Risk Buildings (“HRBs”) throughout the building lifespan. The BSA is split into various sections, with Part 4 placing a raft of obligations on dutyholders to ensure the safety of residents during occupation.The BSA is large, complex and heavily supplemented by secondary legislation, as well as government guidance. This Law-Now article is intended as a useful overview and guide to the key provisions in Part 4.Supplementary RegulationsA brief snapshot of...

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  24.11.2023

  International

  Carbon Border Adjustment Mechanism transition in effect since 1 October 2023

  On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges against third-country importers of certain goods and only permits CBAM declarants to import these goods into the EU. Although reporting obligations have been imposed for the two-year transition period, CBAM does not fully go into effect until 1 January 2026.A. General InformationFrom 1 January 2026, importers of specific goods from third countries will be required to pay punitive CO2 charges under...

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  16.11.2023

  United Kingdom

  Criminal liability for injuries in Sport – when does it arise?

  It is reported that a man has been arrested on suspicion of manslaughter following the death of ice hockey player, Adam Johnson, on 28 October 2023, during a game between the Nottingham Panthers and the Sheffield Steelers at Sheffield’s Utilita Arena. Mr Johnson, who played for Nottingham Panthers, died as a consequence of a fatal neck injury sustained during the game. There has been little said publicly about the precise circumstances of the injury. Leaving the particulars of Mr Johnson’s injury aside, it does raise the question of when it is appropriate for criminal proceedings to...

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  08.11.2023

  United Kingdom

  Economic Crime and Corporate Transparency Act 2023: Royal Assent for failure to prevent fraud and reform to Corporate Criminal Liability

  The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) received Royal Assent on 27 October 2023. 400 days after the introduction of the Bill, and some 52 years after the case of Tesco v Nattrass set narrow limits on common-law corporate criminal liability, ECCTA has now triggered an enormous expansion in the risk of criminal prosecution for companies. The second in a planned trilogy of Economic Crime Acts, following the introduction of the Economic Crime (Transparency and Enforcement) Act 2022, it is the first in the series to implement long debated, serious changes to corporate...

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  21.09.2023

  Polonia

  Poland to allow shareholders to request prosecution for crime of mismanagement

  GB PL

  As of 1 October 2023, Polish shareholders in a both joint stock and a limited liability company will be able to file a request for prosecution for a crime of mismanagement not resulting in an actual loss (Article 296 § 1a of the Polish Criminal Code). This provision criminalises actions that cause an imminent threat of financial loss exceeding PLN 200,000 by persons responsible for managing the financial matters or business activity of another person or entity (i.e. primarily by members of the management board).Who will be able to file a request for prosecution?Until now, a request from...

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  13.09.2023

  United Kingdom

  What’s all the RAAC-et about?

  Concerns around Reinforced Autoclaved Aerated Concrete (“RAAC”) have become increasingly widespread since the Department for Education recently issued new guidance on the material’s management in the context of school buildings. As a result of the guidance, schools across the UK known to contain RAAC have closed, and alternative venues have been sought to commence the new school term.Problems associated with RAAC are not however exclusive to the public sector. RAAC was commonly used for the construction of roof decks, walls, and floor reconstructions across a broad spectrum of...

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