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

The texts on corruption require that the solicitation or acceptance be “without right” . In other words, corruption presupposes that the advantage that the corrupt solicits or accepts is unjustified. The benefit derived by the bribe-taker party may be direct or indirect. For example, a mayor who improperly demands a sum of money in return for issuing a building permit, which essentially benefits t …

Assessment of the court

The texts on corruption require that the solicitation or acceptance be “without right” . In other words, corruption presupposes that the advantage that the corrupt solicits or accepts is unjustified. The benefit derived by the bribe-taker party may be direct or indirect. For example, a mayor who improperly demands a sum of money in return for issuing a building permit, which essentially benefits the commune (municipality/local authority) of which he is mayor, is still guilty of passive corruption 

The solicitation or acceptance can take place “at any time”, i.e. upstream, as an inducement, or downstream, as a thank-you for the act performed or the abstention already obtained.

Furthermore, corruption is a formal offense, which is consummated irrespective of the result, i.e. even if the corruption pact is not actually carried out . It is therefore irrelevant whether the advantage was received by the interested party: the mere proposal, solicitation or acceptance is sufficient to constitute the offense of corruption . For example, the offense is constituted by the handing over of a sum of money by an individual to the president of a communauté de communes (federation of local authorities) or  for the realization of a project, even though the project did not come to fruition, the accused wanted to return the sum of money and, in the end, burnt the money at his home .

Cass. crim., 31 May 2012, LawLex202200008129JBJ; 20 February 2008, LawLex200800000756JBJ.

Cass. crim., 20 May 2009, LawLex202200003378JBJ.

Cass. crim., 4 July 1974, LawLex202200003417JBJ.

Cass. crim., 10 June 1948, LawLex202200003413JBJ; 9 November 1995, LawLex200300000841JBJ.

Cass. crim., 27 June 2018, LawLex202200009418JBJ.

Compliance

13. Assessment of the court

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

13. Assessment of the court

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise