Fines – criminal investigations When a fine is imposed or threatened to be imposed, the cover provided by the P&I insurance may be involved. The Company, the P&I insurers or their local correspondent should therefore be contacted. 3.7.
Fines – criminal investigations
When a fine is imposed or threatened to be imposed, the cover provided by the P&I insurance may be involved. The Company, the P&I insurers or their local correspondent should therefore be contacted.
If fines are imposed upon the vessel or a person on board the vessel, action should be taken and evidence collected to protect the interests of those involved, provided their personal safety is not endangered.
If the Master is investigated by the authorities for criminal misconduct, he/she, or any other person involved, may have the right to remain silent and the right to seek advice from a lawyer before responding to any questions from authorities.
The Master should not direct the crew to lie, destroy, tamper with or hide evidence.
If the Master does so, he/she may be charged with obstruction of justice. If the Master or any other person involved on board is uncertain of their rights and responsibilities in a criminal investigation, advice should be obtained from the local correspondents or a local law office.
If a demand for payment of a fine or a request for a guarantee is made
No admission of liability should be made without consulting the company, the P&I insurer, the correspondents or lawyers instructed on behalf of the Company and the crew member involved.
Disclosure of the vessel’s documents, statements or reports should not be made without the prior authority of the Company, the P&I insurer, correspondent or lawyer instructed on behalf of the Company.