Whistleblower Protection and Criminal Investigations in Corporations

Whistleblower protection, corporate criminal liability, internal investigations, evidence admissibility, artificial intelligence

The paper is an analysis of the complex correlation between whistleblower protection systems and the effectiveness of criminal investigations in corporate organizations. It explores the legal issues, controversies, and uncertainty of adopting information obtained through private in-house investigations as part of official criminal investigations, especially the rights and safeguards of whistleblowers. The analysis also looks at the effect of situational jurisdiction on corporate investigative law on the incentives promoted by corporations to prevent and report misconduct in order to affect the enforcement result. They will also consider whether there is a possible clash between the rights of corporate self incrimination and the need to have transparency when it comes to finding out the corporate malfeasance. Also, the review will examine the fragile nature of promoting internal reporting based on strong whistleblower protection and the protection of the due process rights of employees involved in corporate investigations. In addition, it will consider the issue of implementing evidence on corporate internal investigations into the criminal process made in capital, particularly when such jurisdictions do not have legal provisions addressing that very matter. Lastly, the paper will address the developing role of artificial intelligence in internal investigations where this will be analyzed in terms of the implication it has on admissibility and value of evidence in future criminal trials.This is an in-depth review that seeks to summarize existing studies and provide valuable information on best practices that can help create an environment that will enable whistleblower disclosures to positively impact corporate responsibility and the integrity of the criminal investigations.