Prosecution Research Articles

Analysis of the types of death before and after public prosecutor's investigations in Baden-Württemberg

Difficulties in diagnosing the cause of death have been widely discussed in the literature. However, studies on the quality assurance of the determination of the manner of death and the results of public prosecutor investigations are rare. In this study, data from six public health departments in Baden-Württemberg on all deaths from 2016-2018 were analyzed. Significant differences were found between the individual public prosecutor's districts with regard to the type of death determined during the medical post-mortem examination. In 6.3 [4.5-7.4]% of all deaths, the public prosecutor's offices initiated investigations. In 6.0 [4.3-8.5]% of these investigations, an autopsy was performed. A significant difference between the public prosecutor's districts could not be demonstrated in this regard.

AS CAUTELAS NA CONTRATAÇÃO DE CONSULTORIA E/OU ASSESSORIA JURÍDICA OU CONTÁBILSOB A ÉGIDE DA INEXIGIBILIDADE DE LICITAÇÃO À LUZ DA NOVA LEI DE LICITAÇÕES.

This article aims to explore the requirements for contracting consultancy services and/or legal or accounting advice under the auspices of the non-requirement of bidding in light of the New Public Tenders and Contracts Law. It seeks to highlight the precautions that must be observed by the contractor. Through the study of the laws that govern the matter, the position of the Minas Gerais Court of Auditors (TCE-MG), the doctrine and understanding of the Public Ministry on the subject, it was possible to conclude that direct hiring due to unenforceability is an exception to the sovereign rule, which is bidding. Therefore, all contracting requirements must be met concomitantly, in the same way as the “LIMPE” principles in the caput of art. 37 of the Federal Constitution must also be met together. Contracting due to the unenforceability of an object of contracting that would be considered common can be characterized as a fraud against the institute of broad competition and the penalty provided is imprisonment for the person who caused and who benefited from the illegal contracting. Furthermore, it was necessary to emphasize that the TCE-MG is not the only external control body. Other bodies, such as the Public Prosecutor's Office, are independent and may have a different understanding from another body.

Variações na aplicação dos acordos de não persecução penal em Maracanaú/CE: um estudo de caso sobre a dosimetria da pena de prestação pecuniária

This work examines the application of the Criminal Non-Prosecution Agreements (ANPPs) carried out in the Municipality of Maracanaú between 01/01/2022 and 12/31/2022, aiming to identify whether there is equality in the application of the monetary benefit sanction. The impact of Law no. 13,964/19, which introduced the Criminal Non-Persecution Agreement (ANPP) and allowed monetary benefits in criminal agreements, allowing discretion in negotiations, but without establishing fixed criteria for its application. The empirical research was conducted in 2022 at the criminal prosecutor's offices in Maracanaú-CE and involved data collection and subsequent comparison and analysis. The results indicate discrepancies in the use of ANPPs between ministerial units and, in certain cases, significant differences in the values ​​stipulated in the pecuniary benefit, raising questions about compliance with the principle of equality. A concrete dysfunctionality of negotiated criminal justice and, more broadly, of the Brazilian criminal prosecution system was revealed.

AS DIFICULDADES DA EFETIVA IMPLANTAÇÃO DO JUIZ DE GARANTIAS NO JUDICIÁRIO BRASILEIRO

The Law 13.964, of December 24, 2019, known as the Anti-Crime Package, introduced into the current Brazilian Code of Criminal Procedure the institution called the judge of guarantees, aiming to provide greater impartiality in judgment throughout all phases of criminal prosecution, as there will be one judge for the inquisitorial phase (police/investigation) and another judge for the procedural phase, thus improving the accusatory system in the legal framework. This institution gained special prominence after the judgment by the Supreme Federal Court (STF) of the four Direct Actions of Unconstitutionality (ADIs 6298, 6299, 6300, and 6305). From these rulings, it was defined what is constitutional and what is unconstitutional in Law No. 13.964/2019, as well as being considered a mandatory rule establishing a deadline for the implementation and operation of the judge of guarantees throughout the country. The issue to be analyzed will be whether the Brazilian legal system is prepared for the implementation of the judge of guarantees? The general objective will be to understand the structural, budgetary, and staffing difficulties, as well as the legislative competence dialectic regarding the implementation of the judge of guarantees in the Brazilian judicial system, for its effective implementation within the deadline established by the Supreme Federal Court. The specific objectives are to assess the obstacles and difficulties in the physical structures of courts and judicial divisions, point out budgetary difficulties, and the challenges related to the number of court and division staff. The methodology will follow the deductive method, using bibliographic research, with an exploratory objective, qualitative approach, basic nature, and systematic literature review, encompassing academic articles, books, and legal documents.

Track Record in Fight Against Corruption in Serbia – How to Increase Effectiveness of Prosecution?

To improve efficiency in the suppression of corruption and to fulfil international obligations, Serbia adopted the Law on the Organization and Competence of State Bodies in Suppression of Organized Crime, Terrorism and Corruption in 2016. The law foresees many new solutions that should contribute to the effectiveness of processing of corruption. One of the reasons for the adoption of law was the fulfilment of GRECO’s recommendations from the second round of evaluation, as well as the obligations stipulated in the national policy documents, the National Strategy for the Fight against Corruption (2013–2018), the Action Plan for Chapter 23 and the Strategy for Investigating Financial Crimes for the period 2015–2016.The measures and activities that were foreseen in the Strategy for Investigating Financial Crimes are aligned with European standards and good practice and are transposed in the Law on the Organization and Competence of State Bodies in Suppression of Organized Crime, Terrorism and Corruption. After six years of implementation of this law, it necessary to analyse the results and impact of its application.The goal of this research is to provide recommendations for the improvement of both national legislation and the practice of public prosecution in the suppression of corruption. In the paper, authors started from the assumption that the effectiveness of its suppression depends on the quality of the legal solutions that regulate the work of the public prosecutor’s office, as well as their application in practice. To realize the goal of the research, the dogmatic-legal method and content analysis were used in the paper.

Azərbaycan Respublikasının Prokurorluğunun hüquqi statusu, vəziyyəti və inkişaf perspektivləri (prosessual aspektdə)

The prosecutor's office in the Republic of Azerbaijan is the basis for ensuring the rule of law and protecting the rights and interests of citizens within the framework of the country's legislation. This article aims to examine the legal situation, current conditions and future prospects of the Azerbaijani prosecutor's office, paying special attention to its procedural functions. The legal authority of the prosecutor's office is determined by the national Constitution and relevant legislation. Currently, the current state of the prosecutor's office is characterized by a number of challenges and opportunities. It should be noted that the prosecutor's office in Azerbaijan plays an important role in the legal system of the country. The prosecutor's office contributes to the rule of law and the protection of the rights and interests of citizens by solving the problems encountered and using the opportunities that have arisen. Keywords: Republic of Azerbaijan, prosecution, procedural aspect, ınvestigation, court procedures, legal status, rule of law, ınternational standards.

Analisis Pertimbangan Majelis Hakim Atas Pelaksanaan Restitusi Terhadap Pemenuhan Hak Anak Korban Tindak Pidanan Pencabulan

In this study, the specific case related to the implementation of restitution in a child sexual abuse case is addressed in Decision Number: 114/Pid.Sus/2023/PN Kot Agung, which has become final and legally binding (Inkracht). The judge did not fully grant the restitution request submitted by the child victim of sexual abuse in the decision. The theories utilized in this research are the Theory of Judicial Consideration and the Theory of Legal Utility.. This research is normative or doctrinal legal research. The approach methods used in this study are analytical, statutory, and case approaches. The types and sources of legal materials utilized involve literature review, collecting secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis in this legal research employs qualitative data analysis.The research findings indicate that the judge's consideration in decisions regarding restitution requests submitted by victims of sexual abuse, through the public prosecutor's indictment in Decision Number 114/Pid.Sus/2023/PN Kot Agung, is based on a thorough evaluation of the evidence presented, the condition of the victim, and the offender's ability to pay restitution. Besides justice in judicial considerations, the principle of legal utility in the judge's assessment of restitution plays a crucial role in ensuring that legal decisions are not only fair but also practically beneficial to the victim. Furthermore, the ideal concept for implementing restitution as a means of fulfilling rights and providing benefits for child victims of sexual abuse should include several essential elements: comprehensive and clear regulations, consistent law enforcement, easy access for victims, transparency and accountability, and prevention and rehabilitation. This ideal concept aims to offer better protection and justice for crime victims and ensure that offenders are held accountable for the impact of their actions

What happens to imprisonment rates when a progressive prosecutor is elected: Quasi-experimental evidence from Cook County

There has been a clear recognition in recent years that the United States' extremely high rates of imprisonment, coupled with significant racial disparities, are problematic. The progressive prosecutor movement has developed in response to these issues and has gained increasing attention over the past decade. Despite the growing importance of the progressive prosecutor movement in criminal legal reform efforts, we know little about the extent to which electing a progressive chief prosecutor actually leads to reductions in overall imprisonment rates and racial disparities in imprisonment, with no studies to our knowledge using data that capture preelection differences in imprisonment trends across jurisdictions. In this study, we begin to fill this gap by examining the implications of the 2016 election of Kim Foxx in Cook County, Illinois, for overall, Black, White, and Latinx imprisonment rates. Employing a quasi-experimental synthetic control approach that accounts for preelection differences in imprisonment trends, our findings suggest that Kim Foxx's election led to a reduction in the imprisonment rate overall, as well as for Black and White individuals. However, our findings suggest that substantial racial disparities in imprisonment persisted after her election.

REALIZATION OF THE FUNCTIONS OF THE PROSECUTOR’S OFFICE AS AN ELEMENT OF THE MECHANISM OF ENSURING NATIONAL SECURITY OF UKRAINE

The article is devoted to the study of the peculiarities of exercising the functions of the Prosecutor’s Office of Ukraine in the context of ensuring the national security of the State in the current conditions. Attention is focused on the procedural guidance of pre-trial investigation and support of public prosecution in court in criminal proceedings on crimes against the foundations of national security of Ukraine. The author notes that the main regulatory documents defining the main directions of the state policy in the field of national security do not mention the prosecutor’s office and its activities. At the same time, the work demonstrates that, as a key criminal justice body, the prosecutor’s office is actively involved in ensuring the national security of Ukraine within its competence. The author emphasizes the importance of the prosecutor’s office’s coordination activities in the area of combating crime, primarily crimes against the foundations of national security of Ukraine, cybercrime, corruption criminal offenses, offenses in the budgetary and economic security spheres, as well as organized crime, which have a destructive impact on the proper functioning of the national security of the State. The author provides examples of skillful use of coordination powers by the heads of individual prosecutor’s offices, which helped to orient law enforcement agencies to further effective counteraction to separatism, encroachment on the territorial integrity and inviolability of the State and other crimes against the foundations of national security of Ukraine. The author emphasizes the need to improve the mechanisms of interaction between the prosecutor’s office and other law enforcement agencies, which is crucial for a comprehensive approach to protecting national interests and citizens’ rights, which is the basis of a strong and stable state. The author substantiates the importance of timely and high-quality coverage of the work of the prosecutor’s office in the area of ensuring the national security of Ukraine using the capabilities of modern communication tools, such as the official Telegram channel of the Prosecutor General’s Office, the official pages of the Office on Facebook, Twitter and YouTube.

REPRESENTATION OF THE STATE’S INTERESTS IN COURT AS A FUNCTION OF THE PUBLIC PROSECUTOR’S OFFICE: FEATURES OF LEGISLATIVE REGULATIONS

The article highlights some features of the legislative regulation the representation of the state’s interests in court by the public prosecutor’s office, the peculiarity of which periodically become the objects of review by the Constitutional Court of Ukraine, initiated by interested parties, who in current conditions demand revision of such regulation for its compliance with the principles of the rule of law. The purpose of the article is to highlight the peculiarities of the legislative regulation of the representative function of the prosecutor’s office through the prism of establishing its compliance with European standards of the prosecutor’s office activities in the researched field, the method of legislative determination of the scope of the representation of the state’s interests by the prosecutor’s office, the legitimate purpose of adopting legislative provisions on prosecutorial representation, ensuring the implementation of the representation of state’s interests in court by the prosecutor’s office in exceptional cases, the expediency of introducing changes to the legally defined mechanism of implementation of the representative function by the prosecutor’s office regarding the substantiation by the prosecutor of the grounds for such activities, as well as highlighting one’s own vision regarding its further development. It is stated that the constitutional and legal regulation of the prosecutor’s office function of representing the interests of the State in court is characterized by a number of legal categories which are evaluative in nature, and which, given the lack of their legislative definition, are understood in the legal positions of the Constitutional Court of Ukraine and in the practice of the relevant entities applying law, mainly, judicial and prosecutorial practice. It is established that the updated constitutional and legal status of the prosecutor’s office in Ukraine in terms of determining the scope of its powers in activities outside the criminal justice sphere through the prism of the function of representing the State’s interests in court in exceptional cases and in accordance with the procedure established by law embodies the European standards of the prosecutor’s office, whose defining mission in this area is to represent general or public interests, protect human rights and fundamental freedoms, and ensure the rule of law, which corresponds to the legally defined purpose of public prosecutor’s office in Ukraine. It is proved that the method of constitutional definition of exceptional cases of the prosecutor’s office’s function of representation of the State’s interests in court indicates that the legislator does not intend to limit their legislative consolidation to the limits of a specific special law and does not exclude the possibility of their consolidation in the provisions of other laws, since the list of these cases cannot be determined in advance, but should be determined in accordance with the interests which require protection in a particular historical period. It is proposed to apply a balanced approach to introducing changes to the legislatively defined mechanism for exercising the representative function by the prosecutor’s office with due regard for the achievements of judicial and prosecutorial practice of its application, so as not to make it impossible to protect the interests of the State by means of prosecutorial representation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

The eu’s policy towards modernizing the legislative framework on anti-corruption anti-corruption reforms in bulgaria

This article explores the EU’s anti-corruption legislation and policy framework, with a focus on Bulgarian reforms. It reviews key EU directives and institutions involved in combating corruption, and assesses Bulgaria’s progress and alignment with EU standards. The study examines the successes and challenges of Bulgarian anti-corruption measures through comparative analysis and case studies, offering insights into the effectiveness of these initiatives. Key EU bodies such as the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) are highlighted. Key terms include EU legislation, anti-corruption policy, Bulgaria, judicial reforms, and EU directives.

Herramientas jurídicas contra la colusión en procesos de contratación pública en Colombia. Perspectiva punitiva y fiscal.

Corruption in Colombia is a large and overdiagnosed problem. Especially, collusion in state contrac- ting processes deserves attention due to its damaging potential for the treasury and the social eco- nomic order. In this regard, there are several alternatives for the prevention and prosecution of such behavior. Among them, administrative sanctioning law, as well as surveillance and fiscal control are the most efficient measures. The same does not happen with the criminal prosecution. Why?

The impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology

ObjectivesMedico-legal and regulatory culture has a significant impact on medical practitioners, including the decision of graduates to enter high-risk specialties. This study explores the impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical students to enter one high risk specialty, obstetrics and gynecology. Study DesignWe conducted a survey of 146 final-year, graduate-entry medical students pre- and post- a 6-week rotation in obstetrics and gynecology in Ireland. Participants were asked to rate the influence (on a four-point scale) of factors such as fear of being sued, being reported to the regulatory body or criminal prosecution on their decision to pursue a career in obstetrics or gynaecology. Data were matched pre- and post-rotation and McNemar-Bowker’s test was used to test for differences in related data. All analysis was conducted using SPSS for Windows version 25. ResultsThe responses of 72 students to both questionnaires could be matched (response rate 49.3%). The majority of participants pre-rotation reported that fear of being sued (74%), fear of being reported to the regulatory body (70%) and fear of criminal prosecution (55%) were factors influencing their decision (somewhat or to a great extent) to pursue a career in obstetrics. There were no significant changes post-rotation. Compared to obstetrics, lower proportions of participants pre-rotation considered fear of being sued (54%), fear of being reported to the regulatory body (50%) and fear of criminal prosecution (40%) as factors influencing their decision to pursue a career in gynecology. There were no significant changes post-rotation. ConclusionsMedico-legal and regulatory culture is shaping the perceptions of graduate entry medical students of obstetrics and gynecology and influencing their decision to pursue a career in the speciality. Understanding the impact of medico-legal culture on career choices including a high-risk specialty such as obstetrics and gynecology is important from both a policy and reform context, and if the healthcare service is to recruit and retain adequate numbers to ensure the safe provision of healthcare.

Forensic evidence in sexual assault laws: a content analysis of state statutes in the United States of America

ABSTRACT The collection of forensic evidence is perceived to be a panacea in sexual assault investigations and criminal prosecutions. However, research has shown an alarmingly different reality, whereby forensic evidence is rarely available, collected, tested, or available during criminal investigations and court procedures. Regardless, many states have begun implementing new policies to improve the collection and preservation of forensic evidence. This study explores the state of forensic evidence policies and legislation throughout the United States of America as they relate to sexual assaults through a content analysis of the nation’s state statutes. Following the 2016 legislative session statutes were found to be organized into two themes: 1) survivor-related statutes and 2) offender-related statutes. Though innovative forensic evidence policies were observed, much of this legislation appeared to be inconsistent with the reality of sexual assault and is best described as vague and inadequate. In view of these observations, this paper discusses policy implications and areas of future research.

The Criminal Act of Dissemination of Fake News via Social Media in the Perspective of Individualization of Criminal

This study focuses on 2 (two) main issues. First, how is the judge's decision considered based on the perspective of individualization of punishment? The second main issue is the factors that influence the judge's decision based on the perspective of individualization of punishment for the crime of spreading false news through social media. The implementation of the perspective of individualization of punishment in the Decision of the Jayapura Class IA District Court Number 16/Pid.B/2020/PN Jap is implied in 6 (six) main points of the judge's consideration, namely (1) the indictment and criminal charges of the Public Prosecutor, (2) the defense of the Legal Counsel, (3) evidence in the form of witness statements, both charge witnesses and a de charge witnesses, expert statements, defendant statements, (4) evidence, (5) trial facts, (6) proof of elements of the crime of spreading false news through social media. In addition, 5 (five) factors influence the decision, namely (1) the condition of the perpetrator, (2) the motive of the perpetrator, (3) the impact of the crime committed, (4) the form of the perpetrator's mistake, (5) the purpose of the punishment. Thus, the judicial freedom of judges does not mean that judges abandon the perspective of individualization of punishment this perspective of individualization of punishment provides direction for judges in constructing decisions on criminal cases of spreading fake news through social media, which is fully supported by at least 2 (two) pieces of evidence and the judge's legal conviction (juridische overtuigingen).

Crimes of passion (An Irresistible Impulse) in Kazakhstan

The article presents the main results of theoretical review on the study of the phenomenon of affect and definition, classification, legal aspects of affective states, as well as the results of statistical processing of data on crimes in the state of affect are provided in Kazakhstan for the last 5 years according to the provided statistical data from the database of the General Prosecutor's Office of the CLSaSA (Committee on Legal Statistics and Special Accounts) of the RK. The relevance of this study is the study of the phenomenon of affect in Kazakhstan, as well as the processing of statistical data on affective suicide, as little-studied and not sufficiently developed phenomena. It is important to note the difference in approaches to understanding the term physiological affects (PA), which actually has no direct analogue in the English-language bibliography. In some respects, the concept of an "irresistible impulse" based on passion corresponds to it. Both conditions can significantly affect a person's behavior and their ability to control their actions, while both can serve as mitigating circumstances in law. At the same time, physiological affect is usually short-lived and characteristic of sane individuals, while an irresistible impulse can be a chronic condition associated with a mental disorder. Subsequent research may be devoted to the issues of comparing the two above concepts from a forensic perspective.

Правозащитная деятельность с использованием уголовно-правовых, криминалистических и оперативно-розыскных мер как актуальное направление междисциплинарных исследований

Due to the adoption of a new nomenclature of scientific specialties in specialty 5.1.4 — “Criminal Law Sciences”, research on human rights activities can now be carried out using an interdisciplinary approach, that is, using criminal law, criminal procedure, criminalistic, operational investigative and other knowledge. The article examines the main directions of interdisciplinary research in the field of human rights activities, such as: criminal law, forensic and operational investigative means of protecting businesses; nomination and verification of protective versions in criminal cases of certain categories, and others. There are 11 directions in total. Some methodological and, most importantly, ethical requirements for this kind of interdisciplinary research are analyzed. It is noted that, despite the lack of scientific literature, in recent years, leading Russian law universities have prepared and successfully implemented educational projects of the appropriate profile. The data on the level of interest of young lawyers, practitioners and trainees in obtaining relevant knowledge and conducting scientific research are presented. It is necessary to stimulate such developments, develop their methodology, and offer young scientists, including lawyers, practice-oriented human rights thesis topics that take into account personal professional strategies. It has been established that the increased demand of the population for information in the field of protection from defamation, mass inspections and criminal prosecution (especially business) determines the rapid growth of human rights content in social networks, messengers, profile sites and business magazines. However, this is mainly journalistic and educational content that does not have a proper scientific basis. In conclusion, conclusions are formulated about the high level of relevance and relevance of interdisciplinary knowledge of human rights issues. And this demand, of course, must be met by appropriate scientific research.

WHITE COLLAR CRIME AS ORGANIZED INSTITUTIONAL CRIME

The object of treatment in this paper is the problem of detection and treatment of corruption. There is no single definition for corruption and in this case it is limited to the corruption practices of white-collar crime, being a link to institutional organized crime, with confirmation of the suspicion of crime in the Prosecutor's Office - especially that of serious crimes which is the main pillar of the state in this right to enforce the law and fight the phenomenon, as well as the state courts. Its meaning is broad and cannot be defined only by accepting or giving a bribe to an official or buying it, as is often practiced. Corruption is often carried out by a highly organized group of people, which gives us elements of institutional organized crime. Since corruption, especially political corruption, is carried out by highly qualified and professional persons, this greatly complicates the operation of the law, detection, investigation, prosecution and judgment of authoritative persons, decision-makers, due to the great powers to hide the traces of corruption and especially the crime of money laundering, being a serious consequence and with great material and moral damage for the citizens of a state. Due to the problems leading to the discovery and proof of this crime and due to the way it is committed, the secret nature, corruption is part of the crimes where the rate of proof is extremely low or even definitely impossible. The work is mainly elaborated on the problems encountered not only by the agencies, the bodies that have a mandate to prevent and fight this negative phenomenon in our society, but also the media and especially the citizens who are involved in harm from authoritative persons and state institutions. A major problem where the citizen there is no address for orientation and when the organized Institutional group usurps the State Institutions and in some form is created as a Mafia group.

Should banks face criminal prosecutions for breaches of Money Laundering Regulations or are civil fines effective. Analysis of the significance of the first ever criminal conviction of a bank (NatWest) for breaches of the Money Laundering Regulations

This paper uses the rare opportunity of the first ever criminal conviction of a bank for breaches of AML Regulations (NatWest) to examine the AML framework. The article investigates whether the current framework and enforcement are working in addressing the breaches. The article considers the significance of this criminal prosecution in relation to cases where civil fines were imposed, such as in the case of HSBC in 2021. In doing so, the article considers the reasons why the civil fine approach has been a preferred choice for the regulator and examines the reluctance to criminally prosecute banks. This paper takes as distinctive approach to the AML discussion as it focuses on a discussion of the novel aspect of the first ever criminal conviction of a bank in the UK, for breaches of their AML obligations under the Regulations. Additionally, it considers the effectiveness of a criminal prosecution in these circumstances as well as the impact of a criminal conviction on a Bank, not only on its reputation but also on the Banks’ willingness to improve their AML compliance systems and procedures. In this respect, this paper discusses the popular civil fine approach which is in this paper demonstrated by a discussion of a record-breaking civil fine imposed on HSBC by the same regulator, the FCA, in the same year as the conviction of NatWest has taken place.