Business leaders are increasingly facing criminal risk because of the activities of the structures they run. They can be held responsible and accountable for a range of offences, of which they are often unaware, committed within their company. The head of the enterprise may be held liable solely in his/her capacity as a manager or representative of the enterprise s/he manages. S/he does not need to be the direct perpetrator of the offence to incur criminal responsibility, and is often unaware that certain conduct is likely to be classified as a criminal offence. The profession of company director is a profession with criminal risk and the material scope of business criminal law is particularly broad. It includes, in particular, abuse of corporate assets, offences relating to company law, offences relating to labour legislation, including aspects relating to the security of employees’ personal data, or compliance with health or safety rules, and also covers offences of bribery, money laundering, tax fraud or embezzlement.

Hennebel Avocats offers to assist in the development of a preventive, pre-litigation or litigation strategy in cases exposing company directors to a criminal risk, by relying on a series of tools and instruments specific to business human rights, particularly in cases of international scope. Not only do we offer business leaders appropriate advice to prevent risks, for example by convening councils on standards of social responsibility, but we also intervene to ensure that the rights and interests of business leaders are protected in proceedings by calling on international protection mechanisms where necessary. As soon as a criminal risk emerges, and at the earliest opportunity, we support the company director concerned in order to consolidate, guarantee and preserve his or her fundamental rights, judicial guarantees, the right to a fair trial, the right to one’s image, the right to one’s reputation, and all of his or her human rights.