Frequently asked questions

A summons may be vague regarding its exact purpose. To best prepare for an interview, it is essential to know:

– in what capacity (witness, suspect, or victim) you have been summoned;

– the intended context of the interview (witness or victim interview, free hearing , or police custody);

– the nature of the facts that will be discussed.

Consulting a lawyer upon receiving the summons is very useful not only for obtaining this information but also, and above all, for preparing you for this interview and assisting you if necessary.

Legal assistance is a right and is never considered an indication of guilt.

Criminal proceedings follow codes that are utterly unfamiliar to the uninitiated.

It is therefore crucial to understand these codes and adopt a proactive approach to defend yourself, even if you believe you have nothing to hide.

Indeed, it is all too common for individuals who genuinely believe they are innocent to find themselves alone and helpless before investigators, adopting an attitude contrary to their own interests.

If your home, business premises, or any other location have been searched, it means you are suspected of having committed an offense, or you are a close relative of a suspect.

The suspect is usually immediately held in custody, and legal assistance as soon as possible is imperative to ensure the best defense.

If one of your relatives has been subjected to a search and held in custody, you can request a lawyer to assist them at any time.

When you are informed that a relative has been held in custody, you have the option to request a lawyer to assist them.

The lawyer can speak with the person in custody and advise them on the best course of action to protect their interests.

They can also assist them during each interview, ensuring that the person in custody is never alone with the investigators.

Throughout the police custody period, the lawyer is not authorized to provide anyone with information about the case, as it is covered by investigative secrecy and professional confidentiality.

At the end of police custody, four main scenarios exist:

– You are released, and the case is closed without further action;

– You are released, and the investigation continues; however, you may be recalled by investigators for a new hearing ;

– You are released, and a summons for trial is issued to you;

– You are brought before a judge or prosecutor who will determine the next steps in the proceedings.

A criminal seizure is a conservatory and therefore provisional measure that can be challenged at any time.

It is always possible to contest a criminal seizure, either by appealing or by subsequently requesting the withdrawal of this measure.

When a criminal seizure is carried out, a variable period may elapse before receiving the order authorizing this measure.

You have a period of 10 days from the receipt of the order to appeal.

It is therefore essential to react very quickly.

When an asset is seized during a search, no order is served on you.

However, it is possible to request, at any time during the investigation, the restitution of a seized asset, either from the public prosecutor or the investigating judge, depending on the case.

It is also possible to request restitution at the end of the investigation, during the hearing before the court.

Confiscation is an additional penalty that can be pronounced by a criminal court in the event of a conviction.

As with any conviction, it is possible to appeal within 10 days.

If your asset was confiscated while you were not a party to the trial, you have the option to subsequently request restitution from the court.

All companies, regardless of their size, are exposed to the commission of criminal offenses by their directors or employees.

The diversity of charges also covers acts carried out in the company’s interest or unintentionally.

The criminal liability of directors is a reality, but there are many ways to prevent and limit this risk.

Implementing a system of delegation of authority, training and raising staff awareness of recurring issues (conflicts of interest, gift policies, etc.), and creating internal control and alert procedures are all tools that can be established within the company to achieve this objective.

When an alert is raised regarding facts likely to constitute a criminal offense, it is incumbent upon the executive to react in order to protect the company and/or employees.

An investigation conducted internally or by an independent lawyer helps establish the facts and take all necessary measures to put an end to them and limit the risk of criminal prosecution.

Regarding embezzlement, the responsibility of executives is to protect the company by identifying the cause and extent of the misappropriations, putting an end to them, and obtaining compensation.

Achieving these objectives requires a thoughtful strategic approach that considers the various legal aspects involved (criminal, social, corporate).

A company executive can be held criminally liable for their own actions, but also, under certain conditions, for those of their employees.

In the event of a conviction, the stakes, beyond the potentially very significant financial ones, involve avoiding a possible management ban.

Reserved for the most serious cases but becoming increasingly common, the question of imprisonment may arise.

The criminal liability of legal entities can be incurred independently or cumulatively with that of its director(s).

Specific penalties for legal entities are provided by law, primarily fines which are aggravated compared to those incurred by natural persons.

When a company faces publicized criminal proceedings, the worst sanction is sometimes extrajudicial and lies in the damage to its image and reputation.

Pre-trial detention is a measure depriving liberty that can be ordered during the investigation, before the trial hearing.

It is always preceded by a hearing before the judge of liberties and detention (JLD).

To avoid it, it is essential to prepare for this hearing.

In case of pre-trial detention, the most obvious remedy is an appeal before the Indictment Chamber.

Furthermore, it is always possible, throughout the proceedings, to obtain release by means of a request for release (DML).

This request must be carefully prepared and filed at the opportune moment to maximize the chances of success.

When a person has been placed in pre-trial detention before ultimately being cleared (dismissal, acquittal, discharge), they have the right to be compensated for the harm suffered.

Compensation for unjustified pre-trial detention follows specific procedures and criteria that must be understood to obtain fair compensation.

Judicial supervision is a measure restricting liberty that can be ordered during an investigation, before the trial hearing.

It includes various obligations (e.g., reporting, bail, surrender of passport, etc.) and prohibitions (not leaving the territory, not contacting a specific person, not engaging in a specific activity, etc.).

It is always possible, throughout the investigation, to obtain the modification or lifting of some of the obligations and prohibitions, or even the judicial supervision entirely.

The first instinct is often to want to file a complaint as quickly as possible.

Depending on the situation and the technicality of the case, it may be wise to first consult a lawyer who will advise you on the best strategy to adopt (obtaining evidence, preparing an explanatory note for investigators or the prosecutor, etc.).

This will allow the investigation to progress faster and conclude more reliably.

A complaint filed by the victim of an offense is generally the starting point of an investigation.

It is possible to go to the police station to file a complaint or, depending on the nature and complexity of the facts, to draft a legally argued document to directly refer the matter to the Public Prosecutor.

In both cases, you have the right to be assisted by a lawyer.

Depending on the type of proceedings, you may be summoned by investigators or the investigating judge to explain the facts of which you are a victim.

This is an important step, as it will be an opportunity to go into the details of what happened.

It is crucial to know that your statements will be scrutinized by the opposing party, who will seek to identify contradictions.

An interview therefore requires careful preparation.

It can happen that your complaint is not considered a priority and that you receive no news for several months.

You can start by contacting the police station or the criminal registry of the competent court to obtain information on the progress of the case.

If you receive no response, you can approach a lawyer who can take all necessary steps.

A notice of dismissal without further action is issued when the Public Prosecutor believes, for various reasons, not to wish or be able to order prosecution against the perpetrator of the offense of which you are a victim.

Three options are available to you if you do not accept this decision:

– a hierarchical appeal to the Attorney General of the competent Court of Appeal;

– a direct summons of the opposing party to court (to be reserved for very specific cases);

– a complaint with civil party claim leading to the referral to an investigating judge.