Preventive analysis of criminal risks

Compass is the preventive criminal risk analysis tool developed by Penalex, specially designed for companies and their managers. Drawing on over twenty years’ experience in criminal law and economic crime, it enables structured identification of high-risk situations, mapping of criminal exposures within the organization, and prioritization of corrective actions. By providing a clear, operational view of criminal vulnerabilities, Compass helps management bodies to make informed decisions, strengthen their compliance systems and concretely reduce the risk of prosecution.

Criminal risk, a strategic short-sightedness

It is often thought that criminal proceedings, particularly those under economic criminal law, only concern large companies or highly sophisticated frauds. In practice, this is not the case.

Within companies, particularly SMEs, criminal proceedings often arise from ordinary management situations: decisions taken in times of financial difficulty, lack of internal controls or deficient internal organization, insufficiently controlled processes, employee malice or inappropriate use of resources. Criminal proceedings can last several years and mobilize considerable resources.

According to the latest condemnation statistics, damage caused to Swiss companies between 2019 and 2022 amounted to an average of CHF 467 M per year, or CHF 7.6 M per case.

The offences concerned range from tax fraud to unfair management, money laundering, social security fraud, embezzlement, corruption and breach of trust.

The circle of authors regularly includes employees, management, customers and business partners.

A service structured in three phases

Compass is based on a proven methodology derived directly from our experience in criminal and economic litigation. We know what the authorities are looking for, because we see and experience it every day.

Our approach combines a macro-analysis of the business sector with targeted interviews within the organization – to produce a risk mapping immediately operational and recommendations can be integrated into existing processes.

Risk diagnosis and mapping

We carry out a complete analysis of your organization to identify areas of criminal exposure. This phase includes :

  • Macro analysis: business sector, applicable legal bases, relevant case law
  • Micro analysis: interviews with management and key executives
  • Collection of organizational documents, internal processes and current policies
  • Mapping of criminal risks prioritized by probability and impact
Report and action plan

We will provide you with a detailed report including :

  • A clear summary of identified risks and their severity
  • Concrete recommendations designed to fit in with your existing processes
  • A prioritized action plan with specific corrective measures
  • Evidence documenting your preventive measures (probative value art. 102 al. 2 CP)
Monitoring and periodic verification

Risk prevention is an ongoing process. We support you in :

  • Implementation of recommendations within your teams
  • Monitoring implementation of the action plan
  • Periodic verification of changes in your penal exposure
  • Adapting the system to changes in your business and the legal framework

In what situations can a company find itself involved in criminal proceedings?

Our 20 years’ experience in criminal and white collar crime litigation has enabled us to identify the contexts that most often trigger these cases.

Survey of managers and executives

Certain management decisions may give rise to the personal criminal liability of executives and managers, weakening the company as a whole in its dealings with customers, banks and partners.

Internal fraud or abuse

Asset misappropriation, data removal or deletion, accounting fraud or mismanagement by an employee or manager – often invisible until the damage is considerable.

Organizational failure

The absence of adequate control processes can result in corporate liability under Art. 102 of the Swiss Criminal Code, irrespective of whether an individual is convicted or not.

relations with external service providers

The process of awarding contracts to external service providers, and the management of these services, are often liable to engage the responsibility of managers and the company itself in the event of suspicions of public or private corruption, the granting of undue advantages or unfair management.

Personnel management

Offences relating to employment relations – harassment, unfair dismissal, verification of residence or work permits, non-payment of social security contributions – regularly expose managers to prosecution.

Accident or incident

A workplace accident, environmental damage or operational incident may trigger an investigation into the organization and preventive measures in place, as well as any omissions or negligence on the part of management.

Return on investment

Anticipation is almost always cheaper than suffering

Criminal proceedings can have long-lasting and far-reaching effects on a company and its management – far beyond financial sanctions alone.

  • Loss of credibility with partners, investors and banking institutions
  • Termination or suspension of banking relations
  • Confiscation measures and compensatory claims (up to several million CHF)
  • Searches, document seizures and account freezes under investigation
  • Lasting damage to the reputation of the company and its executives
  • Massive mobilization of human and financial resources over many years

“Investing in prevention pays off. In many cases, it allows criminal proceedings to be avoided altogether, or at least their impact to be greatly limited.”

Ludovic Tirelli, founding partner of Penalex Avocats

Our approach

What the authorities are investigating, we know

Our corporate criminal diagnostics identify precisely the three areas that prosecuting authorities systematically examine when a company is involved in proceedings.

Management's role

Mapping of decision-making responsibilities, delegations of authority and validation chains that may expose senior executives to personal risk.

Company organization

Analysis of internal processes, control mechanisms, financial and accounting management, and HR policy – from the point of view of their criminal exposure.

Existing prevention measures

Assessment of existing systems (compliance, internal audits, codes of conduct) and identification of gaps in relation to the standards expected by the authorities.

Mapping + action plan

A structured report with concrete recommendations that can be integrated directly into your processes and used immediately as proof of due diligence.

Our experience for your safety

For more than 20 years, our lawyers have been assisting companies and executives in their dealings with the criminal prosecution authorities. This practical experience is the foundation of compass.

  • Intimate knowledge of Public Ministry investigation methods
  • Control of warning signals preceding procedures
  • Identifying omissions that create criminal risks
  • Experience of the practical expectations of prosecution authorities
  • 3 FSA specialists in criminal law
  • 1 Business analyst and fraud detection specialist
  • 1 Lawyer with a degree in economics and management
” We usually intervene when the damage is done. Compass was born out of a desire to turn this experience into a prevention tool. “

– Me Trajilovic, FSA specialist in criminal law

Designed for managers and companies

Who is Compass for?

This diagnostic is useful for any company wishing to better understand its criminal exposure – whether to anticipate a risk or understand its source.

Executives and managers

Company directors and CEOs personally exposed to criminal prosecution as a result of management decisions or organizational failures.

Company directors

Board members wishing to check that monitoring and control mechanisms comply with their legal obligations.

Companies

Long-established companies that have not adapted their risk management system. Companies in the process of acquiring new markets or internationalizing, where increasing organizational complexity creates new criminal risks.

Organizations under scrutiny

For-profit (SA, Sàrl, …) or non-profit (Associations, foundations, …) companies operating in highly regulated or risk-sensitive sectors (finance, construction, social, health, tech) or subject to close monitoring by the authorities.

Auto-évaluation rapide

Votre entreprise est-elle exposée ?

Répondez à ces 6 questions pour obtenir une première estimation de votre niveau d’exposition aux risques pénaux. Chaque réponse « Oui » indique une mesure de protection en place.

Avez-vous des délégations de pouvoir formellement documentées pour les décisions importantes ?
Disposez-vous de mécanismes de contrôle interne sur les flux financiers ?
Vos collaborateurs ont-ils reçu une formation sur les risques de fraude interne ?
Existe-t-il un canal de signalement interne pour les comportements suspects ?
Avez-vous réalisé un audit de vos risques juridiques au cours des 3 dernières années ?
Les responsabilités en matière de santé & sécurité au travail sont-elles clairement définies ?

Recevez votre diagnostic personnalisé

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Votre niveau de protection actuel

0 / 6 mesures de protection identifiées
Cliquez sur chaque question à laquelle vous pouvez répondre « Oui » pour évaluer votre niveau de protection.

Ce test rapide ne se substitue pas à l’analyse professionnelle. Quelle que soit votre réponse, nos avocats sont disponibles pour un entretien préliminaire confidentiel sans engagement.

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Take action

Anticipate. Protect. Lead with confidence.

Contact Penalex for a confidential preliminary consultation. Our lawyers are available to assess your situation and explain how compass can help you.