Criminal Proceedings Now Harsher And More Efficient

A new law will speed up criminal investigations, including into financial and economic crime, and removes automatic suspension of sentences for first-time offenders.

The Luxembourg Parliament has just voted through a law¹ whose purpose is to make criminal proceedings more efficient. Although the overriding purpose of the legislation is to respond to FATF requirements (4th evaluation cycle, 2023) and make money-laundering investigations focused on high-risk underlying offences more effective, the new legislation applies to all criminal offences, including economic and financial crime.

The "mini-investigation" with big ambitions

Broadly speaking, the authorities have two procedural routes available to them when conducting an investigation, whether they are acting on their own initiative or following a complaint. One is the "preliminary police investigation" (enquête préliminaire), undertaken by the Public Prosecutor's Office (Parquet) and the criminal police (pol