Self-Incrimination Admissible Questions

Categories of questions that are admissible

In line with the existing case law two types of questions are fully compatible with the privilege against self-incrimination (i.e. these types of questions are lawful).

More about Self-Incrimination Admissible Questions

The provision of documentary 1 evidence already in the possession of the undertaking may always be requested without infringing the privilege against self-incrimination. This applies regardless of whether or not the documents at issue contain incriminating evidence which may be used against the addressee of the request or against any other third party.

More about the Subject

Questions seeking purely factual information are normally admissible and do not infringe the privilege against self-incrimination

Resources

See Also

References

• Information about Self-Incrimination Admissible Questions in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes

[Note 1] It is submitted that “document” does not only mean written notes but in accordance with footnote 12 of the Commission Notice of 13 December 2005 on the Rules for Access to the Commission file “all forms of information support, irrespective of the storage medium. This covers also any electronic data storage device as may be or become available.”

Further Reading

• Information about Self-Incrimination Admissible Questions in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)