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Criminal Law

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13/02/2024
The violation of the secrecy of correspondence necessary for the rights...
Article 341 of the Penal Code states peremptorily that the secrecy of correspondence is inviolable. In the following article, it defines violation of the secrecy of correspondence as the fact of becoming...
22/01/2024
The compensation guarantee for victims of personal injury offences
With the promulgation of Law No. 1.555 of 14 December 2023 on compensation for victims of sexual offences, crimes and offences against children, domestic violence and other offences against individuals...
16/05/2023
The rights of the person in police custody
Law n°1.533 dated 9th December 2022 notably modified article 60-9 bis of the criminal procedure code relating to the rights of the person in police custody and specified that the person in police custody...
09/05/2023
The right to be assisted by a lawyer when being freely interviewed by the...
You have been summoned to a free interview by the Police and wish to know if you can be assisted by a lawyer? Law n° 1.533 of December 9, 2022 relating to the preliminary inquiry (« enquête préliminaire...
21/04/2023
Lodging a complaint in Monaco: the filter of the ordinary complaint
Do you wish to lodge a complaint in Monaco? You are hesitating between an ordinary complaint (plainte simple) and a complaint with a civil action (plainte avec constitution de partie civile)? This article...
01/02/2023
New rights for the persons concerned by seizure and confiscation in criminal...
You have assets seized in criminal proceedings and want to obtain access to the criminal file and/or challenge the seizure decision issued by the judge? Law n°1535 dated December 9, 2022 relating to...
17/01/2023
New rights of access to the file and observation for plaintiff and accused...
You are under investigation in Monaco or you have lodged a complaint ? Would you like to obtain access to the investigation file and/or make observations and request investigative acts from the General...
06/01/2023
Invalidity proceedings pursuant to the new n° 1.536 dated 9 December 2022...
Your bank accounts and assets in Monaco have been attached? It may be the consequence of a request for mutual assistance addressed to Monegasque authorities by a foreign judicial authority. In such a...
21/07/2022
BANK ACCOUNT ATTACHMENTS IN MONACO
In Monaco, it is possible for bank accounts of private individuals or legal entities to be frozen, which means all debit or credit transactions from or to this account will be blocked. Depending on the...
31/05/2021
THE OFFENCE OF FRAUDULENT ORGANIZATION OF INSOLVENCY
On July 17th 2020, law n° 1.494 of July 8, 2020 was published in the Principality's Official Journal, introducing into Monegasque law a new offence of fraudulent bankruptcy or aggravation of insolvency...
27/05/2020
Fight against money laundering, terrorist financing and corruption in Monaco:...
Directive (EU) 2018/843 of the European Parliament and of the Council dated 30 May 2018, known as the "5th Anti-Money Laundering Directive", was included, by Sovereign Ordinance No 7.440 of 26 April 2019...
20/05/2020
COVID-19 & Criminal liability faced by businesses
A fuller version of this article in English language is avail­able here.