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 consists of a public official in office, or a former public official, taking advantage of their position to favor an undertaking or the execution of an operation for which they are, in whole or in part, responsible for overseeing, administering, liquidating, or paying, and in which they take, receive, or retain an interest likely to raise a reasonable dou …

Context

The offense of unlawful taking of interest consists of a public official in office, or a former public official, taking advantage of their position to favor an undertaking or the execution of an operation for which they are, in whole or in part, responsible for overseeing, administering, liquidating, or paying, and in which they take, receive, or retain an interest likely to raise a reasonable doubt about their impartiality (Articles 432-12 to 432-13 Criminal Code).

Under the former Criminal Code, illegal taking of interest was punished as the offense of interference under Article 175, which applied only to public officials in office. Law No 67-467 of 17 June 1967 extended the scope of the offense with former Article 175-1, which punished illegal taking of interest committed by public officials after the cessation of their duties. The reform of the Criminal Code in 1992, which came into force on 1 March 1994 , enshrined these two offenses in the current Articles 432-12 and 432-13. More recently, the Law of 22 December 2021 for confidence in the judicial institution established a third offense of illegal taking of interest, in Article 432-12-1 of the Criminal Code , targeting magistrates or any person exercising judicial functions, previously punished by case law under Article 432-12 .

Unlike corruption (bribery) and influence peddling, which involve an advantage offered to the public official in exchange for the abuse of their function, illegal taking of interest involves an individual action by the official, in their own favor or in favor of their relatives, resulting in a prohibited convergence or conflict of interest. It has a particularly broad scope since it can concern members of the government, cabinet collaborators, members of independent administrative authorities, leaders of public establishments or companies, as well as occasional collaborators of the public service, with the elements constituting the offense being defined in a flexible and objective manner.

In addition to the status of the perpetrator, who must be a person holding public authority, entrusted with a public service mission, or holding an elective mandate, several elements must be present to characterize the unlawful acqusiition of an interest:

- the monitoring or control, within the scope of public functions, of an activity or operation;

- the existence of a direct or indirect interest taken, received, or retained in this activity or operation;

- a moral element characterizing the intent of the accused .

Law No 92-686 of 22 July 1992 on the reform of the provisions of the Criminal Code relating to the repression of crimes and offenses against the nation, the State, and public peace, OJ of 23 July 1992.

Law No 2021-1729 of 22 December 2021 for confidence in the judicial institution, Art. 15, OJ 298 of 23 December 2021.

Cass. crim., 11 October 2006, LawLex202200008621JBJ, for the president of a Judicial Court.

Re-stating these conditions, see Cass. crim., 13 March 2018, No 17-86.548, LawLex202300001650JBJ.

White Collar Crime (en cours)

135. Context

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135. Context

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

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