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French Consumer Law

Article 223-15-2 of the Criminal Code  provides that “fraudulently abusing the ignorance or state of weakness of a minor, or of a person whose particular vulnerability, due to age, sickness, infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the offender, or abusing a person in a state of physical or psychological dependency resulting from serious or repe …

Violation of Criminal Code

Article 223-15-2 of the Criminal Code  provides that “fraudulently abusing the ignorance or state of weakness of a minor, or of a person whose particular vulnerability, due to age, sickness, infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the offender, or abusing a person in a state of physical or psychological dependency resulting from serious or repeated pressure or from techniques used to affect his judgment, in order to induce the minor or other person to act or abstain from acting in any way seriously harmful to him, is punished by three years' imprisonment and a fine of EUR 375, 000”.

Law No 2009-526 of 12 May 2009 for the simplification and clarification of the law and streamlining of procedures added a second paragraph to the text, which provides that where the offense is committed by the de facto or de jure manager of a group which carries out activities intended or designed to create, maintain or exploit the psychological or physical subjection of the persons participating in these activities, the penalties shall be increased to five years' imprisonment and a fine of EUR 750,000. This provision intends to punish the abuse of weakness more severely when it is committed within the framework of a sectarian movement.

Article 223-15-3 of the Criminal Code provides for additional penalties for natural persons: prohibition of civic, civil and family rights; prohibition to exercise a public function or exercise a professional or social activity in the exercise or in the course of exercise of which the offense was committed, for a maximum period of five years ; closure, for a maximum period of five years, of the establishments or of one or more establishments used to commit the alleged offenses; confiscation of the thing which served or was intended to commit the offense or of the thing which is the product thereof, with the exception of objects liable to restitution; refusal of entry or stay; prohibition, for a maximum period of five years, to issue checks other than those which allow the withdrawal of funds by the drawer from the drawee or those which are certified, or the display or dissemination of the decision pronounced .

As is now the case in the Consumer Code, the Criminal Code provides for penalties for legal entities which commit an abuse of weakness , and in particular a maximum fine of EUR 1,875,000 .

The offense of abuse of weakness of the Criminal Code presents significant differences with the incrimination provided for by Article L. 121-8 (former Article L. 122-8) of the Consumer Code. Firstly, the existence of a solicitation is not required by the  Code . Secondly, it is not necessary that the victim is a consumer, since Article 223-15-2 of the Criminal Code covers minors and persons of particular vulnerability, without any distinction being made as to their status. A professional can thus be considered a victim of an abuse of weakness. Thirdly, the Criminal Code provides an exhaustive list of the causes of the victim's vulnerability: being a minor, age, sickness, disability, etc. Abuse can also result from serious or repeated pressure or techniques to alter the judgment of a person in a state of physical or psychological subjection . Most of these criteria have nevertheless been taken up by the case law relating to Article L. 121-8 of the Consumer Code. Finally, the abuse must be seriously prejudicial to the victim, regardless of the extent of his or her assets , which is not a required condition for finding an abuse of weakness within the meaning of the Consumer Code .

Prison sentences are more readily handed down on the basis of Article 223-15-2 of the Criminal Code than on that of the current Article L. 132-14 . In this case, the judges consider that it is a matter of protecting society and placing other victims out of the reach of the accused .

 Former Article 313-4, before the entry into force of Law No 2001-504 of 12 June 2001 to strengthen the prevention and punishment of sectarian movements infringing human rights and fundamental freedoms.

 See for an application: Cass. crim., 6 September 2005, LawLex200700001342JBJ.

 Cass. crim., 18 March 2014, LawLex201400000648JBJ.

 See for a judgment holding that the display or dissemination of the decision are alternative and not cumulative penalties: Cass. crim., 7 February 2006, LawLex200600002177JBJ.

 See for a decision ruling that legal entities are criminally liable for offenses committed on their behalf by their bodies or representatives and that this is the case when the person responsible for the abuse of weakness has been delegated by the bodies of the legal entity, with the necessary competence, authority and means to commit it: Cass. crim., 7 February 2006, LawLex200600002177JBJ, cited above.

 Article 223-15-4 of the Criminal Code: “Legal persons declared criminally liable, under the conditions laid down in Article 121-2, for the offenses defined in this Section incur, in addition to the fine pursuant to the conditions set out in Article 131-38, the penalties provided for by Article 131-39. The prohibition mentioned in 2° of Article 131-39 concerns the activity in the exercise or in the course of the exercise of which the offense was committed”.

 CA Montpellier, 20 May 2010, LawLex201400001959JBJ.

 See, inter alia, Cass. crim., 27 October 2015, LawLex201500001420JBJ.

Cass. crim., 20 January 2021, LawLex202100004649JBJ.

 CA Caen, 3 July 2009, LawLex201200001264JBJ.

 Former paragraph 1 of Article L. 122-8 of the Consumer Code

French Consumer Law

215. Violation of Criminal Code

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215. Violation of Criminal Code

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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