A/HRC/32/19
Figure 1
Enforcement of public law offences: implications of key features of domestic law
regimes for accountability and access to remedy (Part I)
There is a domestic legal regime (or combination of
regimes) that covers the alleged abuse and that clearly
articulates the different modes and levels of corporate
involvement that give rise to legal liability.
No
Risk of no effective
remedy
No
Risk of no effective
remedy
No
Risk of no effective
remedy
No
Risk of no effective
remedy
Yes
Enforcement agencies have the resources, knowledge
and expertise to prosecute and investigate the alleged
offence, plus a clear mandate to proceed.
Yes
In a cross-border case, enforcement agencies have the
ability to seek and obtain swift and effective legal
assistance from their counterparts in other interested
States.
Yes
Judicial mechanisms have the authority and ability to
order appropriate sanctions and other remedies that can
be swiftly and properly enforced.
Yes
Possibility of effective remedy.
7
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