Corporate criminal law
Undeclared work, posting fraud, illegal lending of labour, bargaining, accidents at work, moral or sexual harassment, assaults, breach of trust, swindling, obstruction etc.The specialist lawyers of AGUERA AVOCATS defend companies, their directors or employees, as complainants or defendants, in the context of criminal or administrative investigations (DREETS, DREAL, DGCCRF) for all types of offences (criminal labour law, criminal business law, criminal transport law, criminal consumer law, criminal environmental law, etc. ), leading, if necessary, to their unrestricted criminal hearing, police custody or first appearance interrogation, as well as throughout the procedure up to the judgment hearing in an appearance on prior recognition of guilt (CRPC or "plea of guilty") or on summons by bailiff or summons by judicial police officer (COPJ), in front of the criminal courts, Police Court, Correctional Court, Court of Appeal and Court of Assizes.
Given the complexity of French and European social regulations, AGUERA AVOCATS has developed particular expertise in handling cases of illegal employment and in defending companies accused of resorting to concealed employment by concealing their activity or employees. The fraudulent posting of workers particularly in the context of the European Union's single market, which is the source of numerous administrative and criminal checks, also leads AGUERA AVOCATS to defend individuals or companies confronted with such suspicions or referred to the courts for such charges.
In the event of threatened sanctions by the prefectural authority (e.g. administrative closure) or by the DREETS (administrative fine), AGUERA AVOCATS also assists companies in these administrative procedures and before the administrative courts, in order to challenge the sanction imposed.
AGUERA AVOCATS also provides assistance to companies in establishing Judicial Agreements in the Public Interest (CJIP) in cases involving bribery, influence peddling, or tax fraud money laundering, in collaboration with the Public Prosecutor's Office.
AGUERA AVOCATS also offers assistance to their representatives in managing the criminal risk immediately after a workplace accident, irrespective of the formalities involved in reporting to the CPAM (French health insurance organisation). AGUERA AVOCATS thus provides advice on various matters, such as the relevance of expressing reservations based on the identified or, conversely, undetermined causes of fatal accidents (manslaughter) or unintentional injuries (disability or total work incapacity).
AGUERA AVOCATS also provides assistance to companies in establishing Judicial Agreements in the Public Interest (CJIP) in cases involving bribery, influence peddling, or tax fraud money laundering, in collaboration with the Public Prosecutor's Office.
AGUERA AVOCATS also offers assistance to their representatives in managing the criminal risk immediately after a workplace accident, irrespective of the formalities involved in reporting to the CPAM (French health insurance organisation). AGUERA AVOCATS thus provides advice on various matters, such as the relevance of expressing reservations based on the identified or, conversely, undetermined causes of fatal accidents (manslaughter) or unintentional injuries (disability or total work incapacity).
The possible establishment of the 'tree of causes' and the content of the single occupational risk assessment document (DUERP) may be means of defence to be mobilised, as soon as the Labour Inspectorate begins its investigations or observations, investigating in parallel with the police or gendarmerie services.
Moreover, allegations of moral or sexual harassment, which have seen an increase due to recent changes in social legislation, require appropriate internal handling as soon as such incidents or accusations are reported, regardless of whether the accused individual holds a position of authority.
AGUERA AVOCATS supports companies and their representatives or employees in navigating these intricate situations, always with their consent and agreement.
Moreover, allegations of moral or sexual harassment, which have seen an increase due to recent changes in social legislation, require appropriate internal handling as soon as such incidents or accusations are reported, regardless of whether the accused individual holds a position of authority.
AGUERA AVOCATS supports companies and their representatives or employees in navigating these intricate situations, always with their consent and agreement.
