Criminal Investigations
In a case where a decision is made to conduct an administrative investigation, and there is potential criminal liability, be sure to work closely with your legal department and law enforcement organization.
In potentially violent situations, it is often difficult to determine whether the misconduct is a criminal offense. When there is any doubt, check it out.
Ensure That Criminal Prosecutions Are Not Compromised
Criminal prosecutions must not be compromised by actions taken during administrative investigations. It is necessary to ensure the administrative investigator, management, and all members of an incident response team understand actions taken during an administrative investigation may compromise potential criminal prosecutions.
If the company obtains statements from the subject of the investigation in the wrong way, the statements can impede or even destroy the ability to criminally prosecute the case. On the other hand, if handled correctly, statements made in administrative investigations could prove vital in subsequent criminal proceedings.
Knowledge Check Choose the best answer for the question.
5-6. Incident response team members should understand that actions taken during an administrative investigation may _____ potential criminal prosecutions.
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