Draft legislation is already in the study

Traumatic, disproportionate, to French custody has largely demonstrated its excesses. The repudiation of imposed July 30 the Council constitutional require the legislature to completely redraft the texts by the summer 2011. Draft legislation is already in the study. But in the meantime, the present system, although that dispute, is still in force. The danger is over. Particular in undertakings, where criminal responsibility extends constantly. Amount of frames and leaders therefore live under the threat of being a night lying on a bench of cell, deprived of belt and shoelaces. A what torment they should expect, how can they prepare The advice of two lawyers experienced in this type of experiences.

1. It can happen to everyone

This Parisian CEO believed quietly return home the evening, after his invitation to the financial brigade, in the aptly named Street of annuitants Castle. He finished his night at the "souricière." It is the nickname given to a kind of medieval Dungeon in the basement of the courthouse. He will never forget the trauma.

Renaud Semerdjian was the Secretary General of the French subsidiary of a large U.S. advertising group. Criminal responsibility was engaged in a matter of tort of interference. He knows well the double punishment of one who has experienced guard to view. Because even though he was acquitted, he has not supported the glow of suspicion which persists in the eyes of the other. He eventually quit the corporate world to join the bar! Its first Board at its Executive order "You never say that this cannot happen to you." On the contrary, the process can be triggered at any moment, while you have not seen coming.

2 Learn to shut you up

What stance to take then "You know that you are free to not speak", inform of immediately MeChristophe Ayela, counsel to the firm Mayer-Brown, where he carries on with his colleague and friend of faculty Renaud Semerdjian. "It is even more relevant strategy, continues the criminal lawyer, because it is better to say the minimum to give free rein to interpretations."

It is recommended to open his mouth to request to contact his lawyer. Except that now, the latter cannot intervene during the first half hour. This point is one of the major reform even if the outcome is still uncertain.

Another point is subject to criticism: today, Defender is not informed of the reasons which warrant the convening of its client. The accused is therefore only, fire issues and must absolutely avoid words too fast. The risk for him, is his distorted words. A buyer of company was sued for misappropriation of money for the training. Thinking is exempt, he said: "Me, employees, I do I care not." By that it meant that he had delegated his skills for human resource issues. Two years later, at the hearing, when the judge discovered the scrap out of its context, it concluded that the accused was reckless as to a colleagues guigne!

3 Prepare yourself psychologically

After forty-eight hours, the shirt becomes poisseuse and crumpled. The night was probably without sleep, passed on the bench of wood of a cell, with a sandwich as a consoling meals. It is always possible to ask a doctor. "But do not expect a compassion on his part." "After taking voltage, it will just say:"compatible", in other words:"you can continue examination"", prevents MeAyela. Clearly, the report of power reversed. This data, the leader must learn to integrate and be wary of any condescension.