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 crime of ecocide, as set out in Article L. 231-3 of the Environmental Code, aims to punish the most serious offenses committed against the environment that may lead to the destruction of ecosystems. This crime is constituted when an intentional violation of the provisions of Article L. 231-1, related to air or water pollution, or Article L. 231-2, related to waste pollution, results in serious and lasting harm to health, flora, fauna, or the quality of air, soil, or water. Harmful effects on health or damage to flora or fauna that are likely to last at least seven years are considered lasting (Art. L. 231-3, para. 5, Environmental Code).

In this case, it is no longer sufficient to prove a fault within the meaning of Article 121-3 of the Criminal Code, but it is necessary to establish the intent to commit the offense. Proof must be provided of the defendant's awareness of violating the regulations, as well as the intent to cause serious and lasting harmful effects on health, flora, fauna, or significant changes to the normal water supply regime. In criminal law, the intentional element is inferred, in most offenses, from the materiality of the facts.

Ecocide is also soon be enshrined in EU law. Indeed, the European Parliament has included in the proposed revision of Directive No 2008/99 on environmental crime the crime of ecocide, defined as any act causing serious and extensive, or serious and lasting, or serious and irreversible damage to the environment. The text amended by Parliament provides for punishing not only intentional offenses but also gross negligence. It broadly interprets the concept of environmental damage as serious harm to human health, or substantial degradation of air quality, soil quality, or water quality, or biodiversity, ecosystem functions and services, fauna, or flora, which harms all growing developing, and living species.

Ecocide

221. Ecocide