Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

Like public corruption, public influence peddling takes two different forms: Article 432-11, 2° of the Criminal Code penalizes the solicitation or acceptance, by a public official, of offers, promises, gifts, presents or advantages of any kind, for him/herself or for others, for abusing or having abused his/her real or alleged influence (passive influence peddling) , while Article 433-1 prohibits  …

Real or alleged influence peddling (public official)

Like public corruption, public influence peddling takes two different forms: Article 432-11, 2° of the Criminal Code penalizes the solicitation or acceptance, by a public official, of offers, promises, gifts, presents or advantages of any kind, for him/herself or for others, for abusing or having abused his/her real or alleged influence (passive influence peddling) , while Article 433-1 prohibits the offer or transfer, without right, of such advantages to a public official, for himself or for another, to abuse, or because he has abused, his real or alleged influence (active influence peddling/bribery) .

In both cases, the public official who acts as an intermediary, abusing his or her influence in order to obtain honors, jobs, contracts or any other favorable decision from a public authority or administration. The influence assumed or claimed by the intermediary in question must be characterized by the court . On the other hand, the fact that the intermediary has no decision-making power is immaterial  , if he/she is engaged in a public service mission . Lastly, the purpose of the offense, in both its aspects, is to obtain or have obtained from a public authority or administration distinctions, jobs, contracts or any other favorable decision /outcome The granting of a favorable decision, a right or a favor is likely to include “ironing out” any issues with a public administration linked to the execution of a contract . On the other hand, anyone who undertakes work despite not having obtained prior authorization cannot be accused of having sought to obtain a favorable decision .

The Law of 30 June 2000  introduced a specific regime for foreign public officials, in addition to the ordinary law offense. Article 435-2 of the Criminal Code punishes passive influence peddling by foreign public officials, which consists in any person soliciting or agreeing, without right, directly or indirectly, to offers, promises, gifts, presents or advantages of any kind, for him or herself or for others,  real or supposed, in order to obtain distinctions, jobs, contracts or any other favorable outcome from a person entrusted with public authority, entrusted with a public service mission or invested with a public elective mandate in a foreign State or within a public international organization by abusing or having abused their influence. Article 435-4 penalizes active influence peddling by foreign public officials, which consists in the fact that anyone offers or transfers, under the same conditions, said advantages, with a view to obtaining distinctions, jobs, contracts or any other favorable decision from a foreign public official by abuse or because he has abused his real or supposed influence.

The fight against influence peddling by international public officials is a fundamental objective of the authorities, since relations between private undertakings and the public, in the context of international business transactions, including trade and investment, lend themselves particularly to this type of practice . This is why the provisions of Article 17 of the Sapin II Law require chairmen, managing directors and managing partners of companies reaching certain thresholds to take compliance measures, in order to prevent and detect the commission of influence peddling, not only in France, but also abroad.

Cass. crim.,12 December 1989, LawLex202200009539JBJ ; 30 October 1995, LawLex202200008574JBJ ; 8 January 1998, LawLex202200009477JBJ ; 18 April 2000 LawLex202200008448JBJ ; 15 November 2000, LawLex202300011707JBJ ; 27 February 2002, LawLex202200008490JBJ ; 15 December 2004, LawLex202300011706JBJ ; 20 April 2005, LawLex202200003380JBJ ; CA Paris, 23 November 2005, LawLex202300011723JBJ ; 25 January 2007, LawLex202300011713JBJ ; Cass. crim.,16 November 2011, LawLex202300002511JBJ; 4 April 2012, LawLex202200008450JBJ; 1 March 2017, LawLex202200009267JBJ.

Cass. crim., 4 July 1974, LawLex202200003417JBJ ; 20 March 1997, LawLex202200008076JBJ ; 10 March 2004, LawLex202200010270JBJ ; CA Paris, 25 January 2007, LawLex202300011713JBJ ; Cass. crim., 19 March 2008, LawLex202200009495JBJ ; CJIP, 15 May 2023, LawLex202300011666JBJ; 29 November 2023, LawLex202400002361JBJ, LawLex202400002362JBJ and LawLex202400002364JBJ.

Cass. crim., 1 October 1984, LawLex202200009476JBJ.

Cass. crim. 27 February 2002, LawLex202200008490JBJ; 12 June 2014, LawLex202200008447JBJ. See also Cass. crim., 15 November 2000, LawLex202300011707JBJ, when the opinion given, albeit advisory, can be considered decisive.

Cass. crim., 23 January 1973, LawLex202200007915JBJ, holding that court officers fall into the category of persons entrusted with a public service mission liable to be charged with the offense of influence peddling; 6 October 2004, LawLex202200007914JBJ, emphasizing that any civil servant in a public administration exercises prerogatives of public power or a public service mission.

Cass. crim.,19 March 2008, LawLex202200009495JBJ.

Cass. crim., 3 April 2019, LawLex202200009411JBJ.

Law No 2000-595 of 30 June 2000 amending the Criminal Code and the Code of Criminal Procedure, relating to the fight against corruption, Art. 2, JORF 1 July 2000.

As underlined by the OECD Convention on combating corruption of foreign public officials in International Business Transactions, adopted in 1997.

Compliance

20. Real or alleged influence peddling (public official)

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Les notions juridiques connexes

20. Real or alleged influence peddling (public official)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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