48 SAUNDERS v. UNITED KINGDOM JUDGMENT DISSENTING OPINION OF JUDGE MARTENS, JOINED BY JUDGE KURIS crime cases discovery of the crime nearly always precedes the investigation which, consequently, as a rule merely aims at establishing "who did it"; whilst in fraud cases the investigation generally has as its first and main purpose to establish whether or not a crime has been committed at all. This difference is essential since it explains why investigations into ordinary crimes as a rule come within the ambit of Article 6 (art. 6), whilst investigations in the field of possible fraud do not: those who are targeted by investigations of the former type as a rule ipso facto become "charged with a criminal offence" within the autonomous meaning of this expression in Article 6 (art. 6), whilst those who are under an investigation into possible fraud do not, and, therefore, may, without violation of Article 6 (art. 6), be denied the privileges under discussion in the first tier. As to the second tier, where a charge has been brought so that Article 6 (art. 6) ipso facto applies always, there are sound arguments for distinguishing corporate fraud from other species of crime. First, there are important typological differences between the often well bred, highly sophisticated corporate wrongdoer and other criminals and, secondly, there is the essential feature which these forms of fraud share and sets them apart from other species of crime, namely that generally they are only detectable after an investigation of the type referred in paragraph 17 above and, moreover, may only be successfully prosecuted when the results of that investigation may be used in evidence against the wrongdoer (see paragraph 22 above). For these reasons the argument fails. So does a similar objection from the applicant which puts the same argument in the form of alleged discrimination between "corporate criminals" who are deprived of the two immunities under discussion and "ordinary criminals" who enjoy them. The differences just mentioned imply that the cases are not similar, whilst the argument moreover fails to take into account the essential difference between the very urbane proceedings before the DTI inspectors and custodial police questioning. 26. My conclusion that subsection (5) of section 434 of the 1985 Act is not incompatible per se with the two immunities does not, of course, exempt me from examining whether under the specific circumstances of the case the use of the applicant’s answers to the DTI inspectors was nevertheless unfair. This is what the Government called the "factual issue". In this respect I recall: (1) that under section 78 of PACE26 it was for the trial judge to see to it that use of these answers did not have "such an adverse effect on the fairness of the proceedings that the court ought not to admit it"; (2) that the trial judge held two extensive voir dires on the subject at the end of which he gave rulings which demonstrated preparedness to use his powers under the provision as well as sensitivity for the interests of the 26 See paragraph 52 of the Court's judgment.