Criminal business law
Criminal Business law in Monaco is governed by :
- the Criminal Code of September 28, 1967,
- the Criminal Procedure Code of April 2, 1963,
- Law No.1.299 of July 15, 2005 on freedom of public expression,
- Law No.1.362 of August 3, 2009 on anti-money laundering, anti-terrorism financing and anti-corruption,
- Law No.1.338 of September 7, 2007 on financial activities.
Monegasque criminal business law is very different from the French criminal business law. Some criminal offences do not exist in Monaco : e.g. misuse of company assets or organisation of insolvency. It is based on a specific criminal procedure and has its own specific offences.
In the past years, the face of criminal law and criminal procedure law changed substantially as they had to adapt to the new constraints imposed by the ECHR.
With regard to anti-money laundering, Law No.1.322 of November 9, 2006 led to an important change since it enlarged the list of predicate offences for money laundering.
With regard to cybercrime, Law No.1.435 of November 8, 2016 has incorporated into Monegasque law the Council of Europe (Budapest) Convention on Cybercrime: introduction of new offenses in the criminal code (offences involving information systems, digital identity theft); modernization of traditional criminal offenses (criminal threats); modernization of criminal proceedings rules (search of computer systems, seizure of computer data).
Thanks to our experience, we can efficiently prevent criminal risks. We are able to advise our clients to set up measures to ensure that their company complies with the applicable security rules and that all necessary authorisations are obtained in order to avoid the commission of criminal offences.
Former member of Nice Bar
Associate - General Coordinator
Sophie SCHUMACHER specializes in criminal law and criminal business law and is in charge of all money laundering matters. Other associates rely on her sound expertise in criminal law in order to anticipate potential criminal liabilities that could arise in a case.
She holds a First Degree Masters in Business Law and also one in Judicial Careers from the University of Nice Sophia-Antipolis and a Second Degree Masters in Business Law passed at Paris XII University.
She was admitted to the Nice Bar in 1997.
She is fluent in French.
Criminal Business Law, Criminal Proceedings.
Phone: +377 97 70 40 70