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)

Under Article 432-14 of the Criminal Code, favoritism is punishable by two years of imprisonment. The law of 6 December 2013 on combating tax fraud and major economic and financial crime  increased the penalty by raising the fine to 200,000 euros instead of 30,000, which may be doubled based on the proceeds from the offense. The additional penalties of Article 432-17 of the Criminal Code are also  …

Repression

Under Article 432-14 of the Criminal Code, favoritism is punishable by two years of imprisonment. The law of 6 December 2013 on combating tax fraud and major economic and financial crime  increased the penalty by raising the fine to 200,000 euros instead of 30,000, which may be doubled based on the proceeds from the offense. The additional penalties of Article 432-17 of the Criminal Code are also applicable to the perpetrator of favoritism.

The attempt is expressly criminalized by Article 432-14 of the Criminal Code, which prohibits the act of attempting to procure or procuring an unjustified advantage. This is the case when the defendant obstructs the choice regularly made by a tender commission to exclude a consortium they did not want and launches a second tender with a single lot awarded to a general undertaking . Similarly, the beneficiaries of the illegally awarded contract may be prosecuted for recel (receiving/concealment of unlawfully obtained/stolen property) .

Like the unlawful acquisition of an interest, favoritism, which constitutes an instantaneous offense, is subject to a statute of limitations starting from the day the acts are committed, on the date of notification of the contract , unless the acts are carried out covertly. In this case, the statute of limitations for public prosecution only begins to run from the day they become apparent and can be established under conditions allowing for the exercise of public prosecution . This applies in cases where a private law structure is used to prevent usual controls and obstruct the discovery of the irregular nature of the operation . Furthermore, favoritism can be combined with other breaches of integrity, such as unlawful taking of interest  or corruption , since these offenses protect separate interests.

Candidates unlawfully excluded from the award of a public contract, as long as they can demonstrate a loss of a serious chance of being declared awardees, directly resulting from the irregular award of the public contract, may be considered victims of favoritism and may join as civil parties .

Finally, pursuant to Articles 704 and 705 of the Code of Criminal Procedure, “highly complex” favoritism (favoritisme de grande complexité), i.e. due to the large number of perpetrators, accomplices, or victims, or the geographical scope over which it extends, falls under the concurrent jurisdiction of the financial public prosecutor and the interregional specialized courts in economic and financial matters.

Law No 2013-1117 of 6 December 2013 on combating tax fraud and major economic and financial crime, OJ 284 of 7 December 2013.

Cass. crim., 21 September 2005, LawLex202200010514JBJ.

Cass. crim., 5 May 2004, LawLex202200009051JBJ; 20 April 2005, LawLex202200009828JBJ.

Cass. crim., 27 October 1999, LawLex202200010519JBJ.

Cass. crim., 27 October 1999, No 98-85.757, LawLex202300002584JBJ; 19 May 2004, LawLex202300002676JBJ; 24 February 2010, LawLex202300002583JBJ.

Cass. crim., 5 May 2004, LawLex202200009051JBJ.

Cass. crim., 8 March 2006, LawLex202300002588JBJ; 12 July 2016, No 15-80.477, LawLex202300002585JBJ; 17 April 2019, No 18-83.025, LawLex202200008752JBJ.

Cass. crim., 17 January 2009, LawLex202200003437JBJ; 12 July 2016, LawLex202300002585JBJ.

Cass. crim., 28 January 2004, LawLex202200009022JBJ; 21 September 2005, LawLex202200010514JBJ; 7 September 2022, LawLex202200009034JBJ.

White Collar Crime (en cours)

156. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

156. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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