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 offense of unlawful taking of interest is punishable by five years of imprisonment and a fine of EUR 500,000 , which may be increased to double the proceeds derived from the offense (Art. 432-12, paragraph 1, and 432-12-1 Criminal Code).
If the perpetrator of the offense is a former holder of public authority, they face three years of imprisonment and a fine of EUR 200,000 , which may also be  …

Repression

The offense of unlawful taking of interest is punishable by five years of imprisonment and a fine of EUR 500,000 , which may be increased to double the proceeds derived from the offense (Art. 432-12, paragraph 1, and 432-12-1 Criminal Code).

If the perpetrator of the offense is a former holder of public authority, they face three years of imprisonment and a fine of EUR 200,000 , which may also be doubled based on the proceeds from the offense (Article 432-13 Criminal Code). Article 432-17 of the Criminal Code also provides for the imposition of additional penalties, such as ineligibility (Art. 131-26 Criminal Code), as well as the penalty of prohibition from holding public office (Art. 131-27 Criminal Code). If the penalty of ineligibility is mandatory under the last paragraph of Article 432-17, the judge cannot, however, pronounce it  on this sole ground. Furthermore, since Law No 2013-1117 of 6 December 2013, the financial public prosecutor has concurrent jurisdiction with the Paris investigating judge in prosecuting offenses of unlawful taking of interest punished by Articles 432-12 and 432-13 of the Criminal Code, when the facts are of great complexity, particularly due to the large number of perpetrators, accomplices, or victims, or the geographical scope over which the facts extend (Art. 705, 1° Code of Criminal Procedure) .

The offense of unlawful taking of interest is, in principle, an instantaneous offense, which is consummated at the moment the person receives or takes an interest in the matter they were overseeing or administering . However, the offense becomes continuous when the interference consists of retaining an interest . The starting point of the statute of limitations differs depending on whether the offense is instantaneous or continuous. In the first case, it begins to run from the day the defendant received or took an interest in the matter they were overseeing. In the second, the statute of limitations runs from the day the criminal activity ceased. Furthermore, in the case of successive acts, the statute of limitations starts from the day of the last administrative act performed by the defendant, through which they directly or indirectly take or receive an interest in an operation they administer or oversee, as long as each new act is likely to place them again in the position of overseen and overseer . Finally, when the unlawful taking of interest takes a concealed form intended to prevent the offense from being known, the statute of limitations only begins to run from the day it became apparent and could be established under conditions allowing for public prosecution .

In the case of unlawful taking of interest, the accumulation of offenses is possible, notably with favoritism, as long as the convictions for both offenses are based on separable facts . Furthermore, the offense of complicity does not require the characterization of such an interest for the accomplice .

Civil actions for compensation for damage caused by the unlawful taking of interest are, in principle, open to all those who have personally suffered direct harm under Articles 2 and 3 of the Code of Criminal Procedure . If the offense of unlawful taking of interest may potentially cause direct harm to a municipality , it only causes indirect damage to taxpayers, whose civil party status is inadmissible . However, since under Article L. 2132-3 of the Labor Code, professional unions may, before all courts, exercise all rights reserved to the civil party concerning acts causing direct or indirect harm to the collective interest of the profession they represent, a union may become a civil party in the case of unlawful taking of interest, even if it is only indirect harm to the collective interest of the profession .

EUR 75,000 fine before Law No 2013-1117 of 6 December 2013.

Two years of imprisonment and EUR 30,000 before Law No 2013-907 of 11 October 2013.

Cass. crim., 19 June 2013, LawLex202300001909JBJ.

Cass. crim., 10 June 1970, LawLex202300001965JBJ.

Cass. crim., 10 June 1970, LawLex202300001965JBJ; 19 June 2013, LawLex202300001909JBJ; 31 October 2000, LawLex202300001958JBJ.

Cass. crim., 27 June 2012, LawLex202200008529JBJ.

On the obligation for the court to justify the penalty, even if if mandatory, Cass. crim., 13 June 2019, LawLex202300001729JBJ.

Cass. crim., 5 October 2022, LawLex202200009135JBJ.

Cass. crim., 4 April 2001, LawLex202300001588JBJ.

Cass. crim., 29 April 2014, LawLex202200008750JBJ. See also, Cass. crim., 8 June 1999, LawLex202300001605JBJ; 3 May 2001, LawLex202200008540JBJ.

Cass. crim., 4 October 2000, LawLex202200008539JBJ; 29 June 2005, LawLex202300001734JBJ; 21 September 2005, LawLex202300001988JBJ; 5 April 2018, LawLex202300001726JBJ.

Cass. crim., 16 December 2014, LawLex202300000140JBJ; 2 February 2016, LawLex202300001913JBJ; 12 July 2016, LawLex202300000137JBJ.

Cass. crim., 17 April 2019, LawLex202200008752JBJ.

Cass. crim., 15 June 2016, LawLex202300001812JBJ.

White Collar Crime (en cours)

148. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

148. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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