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)

Article 432-12 of the Criminal Code requires that the public official take, receive, or retain an interest in an entreprise (undertaking) or in an opération (transaction/operation/deal). The concepts are understood in their broad sense .
Undertaking refers to the concept of a company, as defined in Article 1832 of the Civil Code, and more generally in business law, whether its form is civil  or co …

Concept of undertaking or operation

Article 432-12 of the Criminal Code requires that the public official take, receive, or retain an interest in an entreprise (undertaking) or in an opération (transaction/operation/deal). The concepts are understood in their broad sense .

Undertaking refers to the concept of a company, as defined in Article 1832 of the Civil Code, and more generally in business law, whether its form is civil  or commercial . It may even be a semi-public company (société d'économie mixte) .

A transaction  includes any activity, act, or decision concerning a matter in which the public official takes, receives, or retains an interest . This includes, in particular, a verbal agreement , the organization of subsidized training and selection courses , decisions related to the financing of renovation work in official residences , the recruitment contract of an employee actually assigned to the personal service of the defendant , or the granting of a subsidy .

The case law refers to business in a broad sense: Cass. crim., 14 June 2000, No 99-84.054, LawLex202300000142JBJ, which holds that illegal taking of interest occurs when the defendant has taken, received, or retained, directly or indirectly, an interest in a matter over which they had administration or supervision.

For an SCI owned by an elected official, See Cass. crim., 24 October 2001, LawLex202300001656JBJ.

See specifying that the texts cover all transactions concerning commercial companies regardless of their legal form as well as civil companies: Cass. crim., 27 June 2018, No 16-86.256, LawLex202200009418JBJ.

Cass. crim., 22 October 2014, No 13-86.783, LawLex202300000136JBJ.

Cass. crim., 27 June 2018, No 16-86.256, LawLex202200009418JBJ, which considers that the concept of opérations includes any legal act or decisions.

Cass. crim., 19 March 2008, No 07-84.288, LawLex202300001595JBJ.

Cass. crim., 3 April 2007, No 06-83.801, LawLex202200001550JBJ.

Cass. crim., 14 December 2005, No 05-83.898, LawLex202300001730JBJ.

Cass. crim., 18 October 2000, No 99-88.139, LawLex202300001957JBJ, rejecting the appeal against CA Paris, 9th ch. B, 5 November 1999, No 98/04907, LawLex202300001955JBJ, which specifies that the recruitment of domestic staff constitutes an act or operation falling within the provisions of Article 432-12 of the Criminal Code.

Cass. crim., 24 October 1996, No 95-85.817, LawLex202300001836JBJ.

White Collar Crime (en cours)

144. Concept of undertaking or operation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

144. Concept of undertaking or operation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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