👤 AMICO, Thomas
Full Reference : Amico, Th., La Compliance ou le passage de l'ex post à l'ex ante: une révision copernicienne pour l'avocat pénaliste ? , in M.-A. (ed.), Les Outils de la Compliance, series "Régulations & Compliance", Journal of Regulation & Compliance & Dalloz, 2021, p. 145-154
See the general presentation of the book (the book is written in French)
See the English book: Compliance Tools.
Article Summary (done by Marie-Anne Frison-Roche)
After referring to various definitions of Compliance Law, the author insists on the usefulness of the criminal lawyer in that he, familiar with the Ex Post that constitutes the sanction, can be of good advice. in the Ex Ante in which new compliance mechanisms are being developed, such as risk mapping or third party assessment.
Addressing the punitive dimension of Compliance Law, the author shows that the criminal lawyer therefore naturally has a place there, whether it concerns the powers exercised by an administrative authority or the criminal law itself. In that he can "anticipate criminal proceedings", the criminal lawyer is therefore best able to ensure that the company does not expose itself to them, in particular in a good mastery of internal investigations, thus ruling out the criminal risk.