White-Collar Crime and Economic Offences Lawyer in Tunisia
Have you received a summons, been subject to a search, or learned of proceedings related to a company? Before making any substantial statement, you need to identify the authority involved, your procedural status, the known subject of the case, and the rights immediately available under the procedure.
Ben Hemden Law Firm advises and represents directors, executives, partners and companies in white-collar and economic-crime matters in Tunisia. The firm also assists victims of economic offences with criminal complaints and civil claims.
Acting promptly does not mean promising an outcome. It helps avoid improvised decisions, preserve documents in their original form and build a defence based on the evidence that is actually available.
What to do after a summons or investigative measure
Before any other step, it is recommended to:
- keep the summons and verify the authority that issued it;
- identify, where possible, the subject of the proceedings and your status;
- gather contracts, correspondence, and accounting documents without altering them;
- keep a copy of all procedural documents received and draw up a precise chronology;
- request to consult a lawyer before making any substantial statement or signing anything, under the conditions provided by the procedure;
- avoid contacting other people involved in a way that could be interpreted as pressure or coordination of statements.
The assistance available depends on the person’s procedural status, the investigative step concerned and the applicable rules. The firm explains the rights that may be exercised and prepares the client without obstructing any lawful investigation.
Breach of trust and offences related to corporate management
A commercial dispute or conflict between partners is not automatically a criminal offence. Criminal liability depends on specific legal and factual elements, including the alleged conduct, the required intent and the use made of the funds or assets concerned.
The firm analyses the contracts, the director’s powers, the contested transactions, and corporate decisions. It distinguishes breaches falling under civil or commercial liability from facts likely to constitute a breach of trust or an offence under corporate law.
Fraud, forgery, and economic offences
Fraud cases often rest on documents, promises, and successive transactions that need to be placed in their proper chronology. Mere non-performance of a contract is not necessarily sufficient to establish criminal fraud.
The firm examines the alleged scheme, intent, loss and link between the conduct and the transfer of funds or assets. In cases involving forgery or the use of a forged document, it analyses the disputed document, its origin, how it was used and the legal effect sought. Expert evidence may be required where the document’s physical or technical authenticity is disputed.
Bankruptcy and offences related to business difficulties
Certain acts carried out in a context of financial difficulty may lead to criminal liability when they meet the elements of an offence: concealment of assets, fraudulent organisation of insolvency, accounting irregularities, or acts harming creditors’ rights.
The firm reconstructs the management decisions, their timing, the powers of the people involved and the company’s actual position. Where relevant, the defence is coordinated with commercial law and collective proceedings.
Customs and tax offences
A tax audit or customs investigation may lead to reassessment, seizure, settlement or prosecution, depending on the facts and applicable law. An irregularity does not automatically amount to a criminal offence; intent, statements made and the nature of the transaction must be examined.
The firm assists at each stage where a lawyer may intervene, analyses the official reports and prepares the defence or any settlement procedure available under the relevant regime.
These matters are handled through a dedicated customs, foreign exchange and administrative disputes service.
Money laundering and the origin of funds
Money laundering prosecutions involve examining the origin of the funds, the transactions carried out, the alleged knowledge of their origin, and the exact role of each person. The mere complexity of a financial transaction is not sufficient to establish an offence.
The firm analyses the available transaction trail, commercial and banking records and the obligations applicable to the activity. It represents the person concerned before the relevant authorities and, where necessary, coordinates with financial experts.
Corruption and public procurement offences
Relations with a person exercising a public function and public procurement procedures are subject to specific rules. Cases may involve granting or soliciting an advantage, the involvement of intermediaries, the regularity of a procedure, or the actual consideration for a payment.
The defence requires a clear account of each person’s role, the decisions taken, the communications exchanged and the financial flows. The firm reconstructs the facts and presents the arguments appropriate to the client’s procedural status.
Assistance during investigation, judicial inquiry, and trial
The firm acts within the rights available at each stage, including preparation for questioning, assistance during police custody where the statutory conditions are met, defence before the investigating judge, the indictment chamber and trial courts, and the exercise of available appeals.
During police custody, the person must be informed of their right to choose a lawyer. The chosen lawyer may attend the interrogation or confrontation according to the rules of the Code of Criminal Procedure. In criminal matters, if the person has not chosen a lawyer and requests that one be appointed, an appointment must be made. Limited exceptions exist notably for certain terrorism-related cases; the person’s exact status and the applicable text must therefore be verified immediately.
The lawyer examines the documents available for review, checks the proposed legal characterisation, assesses the evidence and makes any appropriate procedural or substantive applications. A sound strategy cannot be settled without knowing the actual case material and the person’s precise procedural status.
Defence of a person living abroad
Living outside Tunisia does not permit a summons to be ignored, and appointing a lawyer does not automatically replace attendance required by an authority. From the first exchange, the firm checks the nature of the summons, the authority involved, any outstanding search or arrest notice and whether a personal appearance is required.
Some steps can be prepared or presented by the lawyer, while others require the person’s presence. Any decision to travel must be made after a concrete analysis of the procedure.
Representation of victims of economic offences
A company or individual affected by embezzlement, fraud or forgery should preserve the relevant documents, payments, correspondence and evidence of loss. The firm prepares the complaint, follows the proceedings and, where the conditions are met, brings a civil claim for compensation.
Elements to communicate as a priority
To allow an initial review, please provide:
- a full copy of the summons or document received;
- the name of the authority, the date, time, and location indicated;
- your known status in the case and any ongoing measure;
- a concise chronology and the contact details of other parties;
- useful contracts, correspondence, and accounting documents, without altering or annotating them.
Do not send sensitive data through an unagreed channel. In urgent situations, indicate the deadline in the subject of your initial contact; the firm will separately confirm its availability and any acceptance of the engagement.
Frequently asked questions
Do I have to respond to a summons from the police or a judicial authority?
A summons should not be ignored. Its nature and implications should be checked promptly. A lawyer can then explain whether legal assistance is available and whether your attendance is permitted or required.
Does a search mean I am guilty?
No. A search is an investigative measure used to gather evidence. It determines neither the final legal characterisation nor the outcome of the proceedings.
Can a commercial dispute become a criminal case?
Yes, if the facts meet the elements of an offence, but non-performance of a contract or a disagreement between partners alone is not sufficient. An analysis of the facts and intent is necessary.
Can I be prosecuted for the acts of an employee or another director?
Criminal liability is personal, but the role, authority, instructions and participation of each person must be examined. A job title or corporate office alone is not enough to establish liability.
Can I be defended without immediately returning to Tunisia?
A lawyer can take some steps on your behalf, depending on the stage of the proceedings and the measure concerned. Whether you must attend in person should be checked before any decision is made.
Request assistance before making any substantial statement
Send the summons, any deadline and a short chronology. After a conflict check and review of the available material, the firm will indicate whether it can act, the urgent steps that may be taken and the proposed scope of work.
Legal references: Code of Criminal Procedure, as amended and supplemented, notably the provisions on police custody and access to a lawyer; Law no. 2016-5 of 16 February 2016 amending and supplementing certain provisions of that Code; Organic Law no. 2015-26 of 7 August 2015 on counter-terrorism and the prevention of money laundering, as amended and supplemented notably by Organic Law no. 2019-9 of 23 January 2019; Penal Code and special criminal provisions applicable to the facts.
Notice: this page provides general information and is not tailored legal advice. Contacting the firm does not, by itself, create a lawyer–client relationship or suspend any statutory, court or administrative deadline. Any engagement is subject to a conflict check and agreement on scope and fees. No outcome or procedural timeframe can be guaranteed.