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)

Abuse of trust is punishable by five years of imprisonment and a fine of EUR 375,000 . Article 314-1-1 states that the penalties provided for in Article 314-1 are increased to seven years of imprisonment and a fine of EUR 750,000 when the offense is committed by an organized group. Attempts, provided for in this section are punishable by the same penalties. Article 314-2 specifies that the penalti …

Sanctions

Abuse of trust is punishable by five years of imprisonment and a fine of EUR 375,000 . Article 314-1-1 states that the penalties provided for in Article 314-1 are increased to seven years of imprisonment and a fine of EUR 750,000 when the offense is committed by an organized group. Attempts, provided for in this section are punishable by the same penalties. Article 314-2 specifies that the penalties are increased to seven years of imprisonment and a fine of EUR 750,000 where abuse of trust is committed:

- by a person who solicits the public to obtain the transfer of funds or securities either for their own account, or as a director or de facto or de jure agent of an industrial or commercial undertaking;

- by any other person who, on a regular basis, engages in or assists, even as an ancillary activity, in transactions involving the property of third parties on whose behalf they collect funds or securities;

- to the detriment of an association that appeals to the public for the collection of funds for humanitarian or social aid purposes;

- to the detriment of a person whose particular vulnerability, due to age, illness, infirmity, physical or mental deficiency, or pregnancy, is apparent or known to the perpetrator.

Finally, under Article 314-3, the penalties are increased to ten years of imprisonment and a fine of EUR 1,500,000 when the breach of trust is committed by a judicial representative or by a public or ministerial officer either in the exercise or on the occasion of the exercise of their functions, or due to their status.

Natural persons found guilty also incur the additional penalties under Article 314-10, such as the prohibition from either holding a public office or engaging in the professional or social activity during or on the occasion of which the offense was committed, or from engaging in a commercial or industrial profession, directing, administering, managing, or controlling in any capacity, directly or indirectly, for their own account or for the account of others, a commercial or industrial undertaking or a commercial company, or exclusion from public contracts for a period of up to five years . These prohibitions on practice may be imposed cumulatively.

Legal entities held criminally liable for the offenses defined in Articles 314-1 and 314-2 are subject, in addition to a fine under Article 131-38, to the penalties provided for in Article 131-39 .

The limitation period only starts from the day the offense became apparent and could be observed by the victim. Therefore, it is up to the trial court to determine the moment from which the limitation period for public action began to run .

Cass. crim., 27 March 2024, LawLex202400002830JBJ, 7 May 2024, LawLex202400003576JBJ, holding that this additional penalty is limited to commercial or industrial undertakings and commercial companies.

Cass. crim., 7 May 2002, LawLex202200006823JBJ.

White Collar Crime (en cours)

80. Sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

80. Sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise