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 legislator punishes the act of throwing, pouring, or allowing any substances to flow into surface water, groundwater, or sea water. This can involve either an act of commission or omission, such as the flow of substances from a vehicle unloading area supplying a factory with toxic products used in the manufacture of bleach into a pit directing rainwater to a stream , or ammonium salts and nitr …

Offense of pollution of surface water, groundwater, or sea water

The legislator punishes the act of throwing, pouring, or allowing any substances to flow into surface water, groundwater, or sea water. This can involve either an act of commission or omission, such as the flow of substances from a vehicle unloading area supplying a factory with toxic products used in the manufacture of bleach into a pit directing rainwater to a stream , or ammonium salts and nitrites into a downstream watercourse from a treatment plant , the discharge of cyanide-laden water from a deburring workshop into a settling pit draining into a river , the pouring of a chemical mixture onto the roadway and into the ditches of departmental roads leading to a channel flowing into ponds , the discharge of blackish sludge from a water treatment plant overflowing from a factory's pipes and reaching a pond , chronic hydrocarbon discharges related to the activity of a transport company into a stream , the flow of non-vaporized extinguishing water heated by a fire into a ditch leading to a pond , the pouring of the contents of a slurry tank into a watercourse adjacent to a farm , or hydrocarbons from the exhaust pipe of an automobile factory .

The offense of water pollution constitutes a result-based offense whose materiality requires the occurrence of damage, even temporary, such as harmful effects on health, damage to flora or fauna, significant changes in the normal water supply regime, or limitations on the use of swimming areas. Thus, even if the pollution of a pond caused by fuel oil spilled during a tank draining operation is observed, in the absence of harmful effects on fauna and flora, the offense cannot be established .

The Court of Cassation classified as a harmful result the death of small crustaceans, the disappearance of aquatic fauna and flora, and the complete stripping of stones and gravel caused by chlorine spills in a stream , the degradation of aquatic vegetation and the death of carp raised in a pond following the discharge of blackish sludge from a water treatment plant , the state of water in a stream being unfit for any use for 4 to 5 days due to pollution by untreated wastewater heavily laden with harmful bacteria and viruses causing adverse health effects , or the harmfulness to fish and aquatic invertebrates of ammonium salts and nitrites discharged . Similarly, the prohibition of fishing and consumption of fish in the municipality and the requirement for residents of a campsite to connect to the public water supply network rather than using the usual borehole following the spillage of chemical substances onto the roadway and into ponds , or the prefectural ban on swimming and water consumption due to effluents from a uranium effluent treatment plant entering a hydrological network  constitute a harmful result characterizing the materiality of the pollution offense.

Cass. crim., 28 June 2017, LawLex202300001327JBJ.

Cass. crim., 16 April 2019, LawLex202300000936JBJ.

Cass. crim., 16 January 2007, LawLex202300001068JBJ.

Cass. crim., 19 December 2017, LawLex202300008490JBJ.

CA Versailles, 15 October 2014, LawLex202300000940JBJ.

Cass. crim., 26 November 2013, LawLex202300008823JBJ.

Cass. crim., 24 January 2012, LawLex202300001329JBJ.

Cass. crim., 19 April 2017, LawLex202300008489JBJ.

Cass. crim., 7 February 2012, LawLex202300001326JBJ.

Cass. crim., 7 March 2023, LawLex202300006265JBJ.

Cass. crim., 19 October 2004, LawLex202200001485JBJ.

Cass. crim., 26 February 2002, LawLex202300001067JBJ.

White Collar Crime (en cours)

213. Offense of pollution of surface water, groundwater, or sea water

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Les notions juridiques connexes

213. Offense of pollution of surface water, groundwater, or sea water

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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