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)

Persons entrusted with a public service mission, responsible for performing acts or exercising a function aimed at satisfying the general interest, are also covered by Article 432-12. This includes the secretary general of a chamber of trades and crafts , the territorial official in charge of the scholarship and school transport service , the departmental director of a fire and rescue service , a  …

Person entrusted with a public service mission

Persons entrusted with a public service mission, responsible for performing acts or exercising a function aimed at satisfying the general interest, are also covered by Article 432-12. This includes the secretary general of a chamber of trades and crafts , the territorial official in charge of the scholarship and school transport service , the departmental director of a fire and rescue service , a president of a chamber of commerce and industry , or a notary representing the profession .

To retain the classification of a person entrusted with a public service mission, it is not required that the person in question have decision-making power on behalf of public authority . It is sufficient that they are tasked, directly or indirectly, with performing acts aimed at satisfying the general interest . Indeed, individuals who are not part of the public service can be assimilated to persons entrusted with a public service mission and be guilty of unlawful taking of interest. This is the case for a judicial representative in the context of insolvency proceedings , a guardianship manager , the president of the departmental council of the Red Cross , an architect responsible for project management on behalf of a public body , the de facto leader of an association responsible for managing judicial protection measures , or an engineer at the Atomic Energy Commission made available to the National Agency for the promotion of  research (Agence nationale de valorisation de la recherche (ANVAR)) to process public aid files . However, since the Transportation Code removed the reference to the concept of public service for the operation of freight services, the deputy general manager of “SNCF freight” cannot be considered as entrusted with a public service mission, within the meaning of Article 432-12 of the Criminal Code .

Cass. crim., 27 June 2018, LawLex202200008637JBJ.

Cass. crim., 11 February 2009, LawLex202200008623JBJ.

Cass. crim., 14 June 2000, No 99-84.054, LawLex202300000142JBJ.

Cass. crim., 30 January 2013, LawLex202200008626JBJ.

Cass. crim., 27 February 2002, LawLex202200008490JBJ.

Cass. crim., 28 October 2015, No 14-82.186, LawLex202200008634JBJ.

Cass. crim., 27 November 2002, LawLex202200008531JBJ.

Cass. crim., 5 November 1998, LawLex202300000144JBJ, specifying that the Chamber of Commerce and Industry vested with public authority prerogatives performs a public service mission.

Cass. crim., 21 September 2005, LawLex202200009542JBJ, in this case, the notary was entrusted with a public service mission as president of the regional council of notaries, a public utility establishment.

Cass. crim., 26 September 2001, LawLex202300000143JBJ.

Cass. crim., 30 January 2013, No 11-89.224, LawLex202200008626JBJ.

Cass. crim., 22 March 2017, LawLex202200008633JBJ.

Cass. crim., 3 April 2007, LawLex202200001550JBJ.

White Collar Crime (en cours)

138. Person entrusted with a public service mission

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

138. Person entrusted with a public service mission

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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