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 legislature intends, through the repression of the offense of unlawful acquisition of an interest (prise illégale d'intérêt), to ensure the independent, impartial, and objective exercise of public functions . By repressing the unlawful taking of interest, it seeks to prevent State agents from abusing their position to favor an undertaking or operation in which they have an interest. Accordingl …

Scope ratione personae

The legislature intends, through the repression of the offense of unlawful acquisition of an interest (prise illégale d'intérêt), to ensure the independent, impartial, and objective exercise of public functions . By repressing the unlawful taking of interest, it seeks to prevent State agents from abusing their position to favor an undertaking or operation in which they have an interest. Accordingly, status is of paramount importance, since the individual must be a public official, even if no longer in office.

Are targeted by Article 432-12 of the Criminal Code, which sets the scope ratione personae of the offense, persons holding public authority, entrusted with a public service mission, holding an elective mandate, or capable of making a judicial or legal decision. Furthermore, also concerned are former public officials (Art. 432-13 Criminal Code), members of the Government, an independent administrative authority, or an independent public authority, holders of a local executive function, civil servants, military personnel, or agents of a public administration, during the three years following the cessation of their duties, with the exception of former elected officials. Thus, a former public official who was responsible within a prefecture for the legality control of urban planning projects and acts of the community , or the pharmacology professor, former director of drug evaluation at the French health products safety agency , can be guilty of unlawful taking of interest.

Cass. crim., 19 March 2014, LawLex202300002347JBJ, Also see: Cass. crim., 3 April 1991, No 89-86.756, LawLex202200008622JBJ, which emphasizes that a public official cannot simultaneously be an independent official of the administration and an advisor to the undertaking under its supervision.

Cass. crim., 22 October 2014, LawLex202300000136JBJ.

Cass. crim., 12 July 2016, LawLex202300000137JBJ.

White Collar Crime (en cours)

136. Scope ratione personae

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

136. Scope ratione personae

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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