Criminal proceedings against companies are not always the result of sophisticated fraud. In the day-to-day practice of our lawyers specializing in economic criminal law, we find that criminal proceedings are most often the result of ordinary management situations: decisions taken under financial pressure, lack of internal controls, poor organization or malice on the part of an employee.
It was this observation, repeated year after year in our criminal litigation practice, that led Penalex Avocats to develop Compass a structured preventive diagnostic service that identifies, maps and neutralizes criminal exposures within an organization – before the authorities do.
Figures that speak for themselves
In addition to financial penalties, criminal proceedings have a cascade of consequences: searches, seizure of documents, freezing of bank accounts, damage to reputation, disruption of commercial relations and massive mobilization of internal resources. For an SME, this can jeopardize the very survival of the business.
Compass: a three-phase methodology
Compass is based on a proven methodology, directly derived from our experience in Swiss criminal courts. We know what prosecuting authorities are looking for, because we see and experience it every day.
Why it’s cheaper to anticipate than to suffer
Investing in criminal risk prevention pays dividends. In many cases, it enables criminal proceedings to be avoided altogether, or at the very least, their impact to be severely limited. Conversely, the absence of preventive measures may in itself constitute an aggravating factor in terms of the company’s criminal liability under Art. 102 of the Swiss Criminal Code.
Who’s concerned?
Compass is aimed at any company wishing to better understand its criminal exposure – whether to anticipate a risk or understand its source. The profiles most frequently concerned are :
Executives and managers personally exposed to legal action as a result of management decisions or organizational failures. Company directors wishing to check that monitoring and control mechanisms comply with their legal obligations. Companies undergoing development, acquiring new markets or internationalizing, for whom organizational complexity creates new risks. Organizations operating in regulated sectors (finance, construction, healthcare, tech) or subject to closer monitoring by the authorities.
We know what the authorities are examining
Our diagnosis examines precisely the three areas that the criminal prosecution authorities systematically analyze when a company is involved in proceedings: the role of management (delegations of authority, validation chains),company organization (internal processes, financial control, HR policy) and existing preventive measures (compliance, internal audits, codes of conduct).
This approach is made possible by the unique expertise of our team: three lawyers specializing in FSA criminal law, a business analyst specializing in fraud detection, and a lawyer with a degree in economics and management. It is this combination of legal and operational skills that makes Compass a truly actionable tool.
Evaluate your exposure in just a few minutes
To give managers an initial idea of their level of exposure, we’ve included a quick six-question self-assessment quiz on the Compass page. This test does not replace a professional analysis, but it does help identify the first areas of vulnerability and initiate reflection within the organization.
Whatever your situation, our lawyers are available for a confidential, no-obligation preliminary consultation. Contact our team to discuss your specific issues.
Anticipate. Protect. Lead with confidence.
Confidential preliminary interview – No obligation
Discover Compass