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 delivery (remise), within the meaning of Article 314-1 of the Criminal Code, concerns funds, securities, or any other property. Any property capable of appropriation falls within the scope of the text, including movable and immovable property . The concept of “any property” also includes customer information  or a credit card number detached from its physical medium .
The prior delivery must n …

Delivery of an item on a precarious basis

The delivery (remise), within the meaning of Article 314-1 of the Criminal Code, concerns funds, securities, or any other property. Any property capable of appropriation falls within the scope of the text, including movable and immovable property . The concept of “any property” also includes customer information  or a credit card number detached from its physical medium .

The prior delivery must not only be voluntary but also precarious, which must be characterized by the trial courts . The deposit, by a company director, of sums given as an advance in accordance with synallagmatic promises of sale into his personal bank account and their use for purposes unrelated to the execution of the planned work  or the misappropriation by the manager of a company of advances given by two co-contractors, who had entered into a contract with this company for the construction of an individual house  constitutes a breach of trust given the precarious nature of the delivery in question.

On the other hand, funds given to a company as advances on vehicle sales contracts , as payment for the purchase price of a building , under construction contract agreements , or with a specific allocation, such as a service contract , are owned outright, regardless of the defendant's knowledge, at the time of the funds' transfer, of their inability to perform the contract . As such, since the precariousness is lacking, the offense of breach of trust cannot be constituted.

Cass. crim., 10 October 2001, LawLex202200001423JBJ, considering that the misuse of real estate, evidenced by the non-return of the keys allowing access to it, does not fall into the category of “any property” likely to characterize the offense of breach of trust; Cass. crim., 13 March 2024, LawLex202400002243JBJ, admitting that misappropriation can involve real property.

Cass. crim., 16 November 2011, LawLex202200001568JBJ; 22 March 2017, LawLex202200006818JBJ.

Cass. crim., 15 December 2021, LawLex202200002236JBJ.

Cass. crim., 14 November 2000, LawLex202200001440JBJT.

Cass. crim., 14 June 2023, LawLex202400005437JBJ.

Cass. crim., 9 September 2020, LawLex202200002982JBJ.

Cass. crim., 6 April 2016, LawLex202100001923JBJ.

Cass. crim., 25 November 2020, LawLex202200002018JBJ.

Cass. crim., 14 June 2023, LawLex202400005258JBJ.

Cass. crim., 5 April 2018, LawLex202200001567JBJ.

White Collar Crime (en cours)

77. Delivery of an item on a precarious basis

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

77. Delivery of an item on a precarious basis

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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