While companies usually consider economic risk and have the tools and experience to prevent, control and manage this risk, they are generally less equipped to anticipate or deal with criminal risk. However, good criminal risk management is essential to support good corporate governance and reputation, but also to minimise the potential costs associated with criminal sanctions, or the reputational impact on companies and their products. Nevertheless, economic and commercial life is nowadays increasingly regulated by the criminal spectrum, reinforced by a trend towards the criminalisation of company management, particularly in view of the requirements of national legal systems, but also of European and international law.

The criminal risk for companies is particularly increased for those developing operations at an international level and the management of this risk is particularly complex in an international or transnational context. Some actions may be criminally sanctioned in one State and not in another, and some practices may be common in the host State and totally illegal in the State where the company has its headquarters. In addition, corporate liability may be incurred, and criminal proceedings may be brought against a company in the courts of the State where it has its headquarters for extraterritorial activities.

Hennebel Avocats advises companies and supports them in developing an adapted and tailor-made strategy to prevent criminal risk in the international dimension of their activities. To this end, we carry out, with our partners, an audit and investigation work to identify the risks of each new international operation, and propose to the company to implement tools adapted to the international context of its activities, including the adoption of ad-hoc codes of good conduct, ethical charters, training programs and control and monitoring mechanisms. In addition, it is essential for the company to have an appropriate crisis plan, specifying the procedures to be followed in the event of a criminal offence, in order to manage this type of risk as effectively as possible.