Objectives

This training session is intended to explain to participants the basics of criminal law in Luxembourg and provide an overview of the law of 3 March 2010 as well as the repercussions in respect of risks and criminal sanctions incurred by conducting officers and legal persons of companies.

Finally, the different ways of avoiding criminal liability will be addressed in order to delimit the consequences of the risks which the conducting officers are exposed to.

Content

  • Basic notions of (business) criminal law
    • Some basic concepts of criminal law
    • Decriminalisation of business law - myth or reality?
    • Brief overview of the offences most frequently encountered in business criminal law
    • Special features of business criminal law as opposed to “standard” criminal law
  • Criminal liability of legal entities vs. criminal liability of conducting officers
    • The liability of conducting officers who are natural persons - regime prior to the law of 3 March 2010
    • What are the foundations of the criminal liability of directors? - scope and limits
    • Genesis and objectives of the law of 3 March 2010 - What is the scope of the law of 3 March 2010?
    • Conditions for the application of the criminal liability of a legal person
    • Which criteria determine the choice between the application of the criminal liability of a legal person and of a conducting officer who is a natural person, or indeed both?
    • What is the impact of the law of 3 March 2010 on the liability of a conducting officer who is a natural person?
    • Sanctions regime: what are the criminal sanctions applicable to a legal person?
  • Ways of preventing criminal liability
    • Identification of the criminal risk
    • Prevention through implementation of internal procedures
    • Delegation of powers - scope and limits
    • Examination of the current state of case law in matters relating to the delegation of powers
    • What other possibilities exist for exoneration?

Speakers

Our speakers come from all over our specialised and complementary teams, covering all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.

Target audience

Directors, conducting officers of companies, lawyers and legal experts and any person in charge of the prevention and management of risks linked to criminal liability within the company.

Duration

4 hours.

Language

English

For any information, please contact us by e-mail info@arendtinstitute.com

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Ari Gudmannsson

Ari Gudmannsson is a member of the Dispute Resolution practice at Arendt & Medernach. He specialises in criminal law, with a focus on white-collar, financial and corporate crime, as well as money laundering and corrupt practices issues. He assists our clients at all levels of management of criminal risk through the upstream assessment and avoidance of criminal risks related to our clients’ business; the representation of our clients, whether as defendants, victims or merely involved parties, at all stages of local criminal proceedings, including the recovery of the proceeds of fraud through civil actions in the criminal courts; as well as the provision of legal support in the context of inte...

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