Conference on the criminal liability of business leaders, led by Erika BERNARDI

Erika BERNARDI, partner at 99 AVOCATS ASSOCIÉS, had the pleasure of chairing a conference organised by the Association des Femmes Chefs d’Entreprise de Monaco (AFCEM) on the topic of "The criminal liability of business leaders in Monaco", taking into account the latest legislative reforms (modernisation of company law, AML/CFT-P-C).

The risk of criminal liability is ever-present for business leaders, regardless of the activity and size of the company, and can jeopardise their personal assets and the survival of the business.

The legal and regulatory obligations imposed on companies are becoming increasingly numerous and complex.

Criminal liability is not limited to fraud or abuse. It can also arise from negligence, poor internal organisation, or the actions of an employee in the course of their duties. Traditional criminal liability is coupled with a dimension of accountability, obliging the company director to anticipate criminal risk.

The liability of the individual manager, not only in law (officially vested with management functions) but also in fact (case law criteria), may be called into question.

If the manager's offence was committed on behalf of the legal entity, their criminal liability may be combined with that of the legal entity.

Since joining AFCEM in 2023, Erika Bernardi has been actively involved in the life of the association. She currently holds the position of Secretary General.