Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

The Court of Cassation applies the principle of territoriality of French law (Art. 113-2, paragraph 2, Criminal Code) to insider dealing involving securities of foreign companies conducted on foreign financial markets, as long as an act characterizing one of the constituent elements was carried out on French territory . This is the case for information that was illegitimately exploited from Paris, …

Principle of territoriality of French law

The Court of Cassation applies the principle of territoriality of French law (Art. 113-2, paragraph 2, Criminal Code) to insider dealing involving securities of foreign companies conducted on foreign financial markets, as long as an act characterizing one of the constituent elements was carried out on French territory . This is the case for information that was illegitimately exploited from Paris, where buy and sell orders were allegedly given and disseminated from France to foreign investors .

Furthermore, the Court of Cassation considers that the expression “on a regulated market within the meaning of Article L. 421-1 of the Monetary and Financial Code” should not be understood as a French regulated market but as a market that, regardless of its geographical location, corresponds to the definition of a regulated market given by Article L. 421-1, such as the New York Stock Exchange (NYSE) in the United States, and the fact that the operation likely to characterize insider dealing was carried out on a foreign exchange is irrelevant .

Cass. crim., 3 November 1992, LawLex202200011139JBJ; 26 October 1995, LawLex202200004573JBJ.

Cass. crim., 3 November 1992, LawLex202200011139JBJ.

Cass. crim., 1 April 2020, LawLex202300004396JBJ.

White Collar Crime (en cours)

182. Principle of territoriality of French law

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Les notions juridiques connexes

182. Principle of territoriality of French law

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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