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)

Regardless of the form of the offense of influence peddling, characterization of the offense requires, that the influence be exerted, or attempted to be exerted, on a national or foreign public authority or administration that is capable of granting distinctions, jobs, contracts, or any other favorable decision. It is not necessary that the influence be used specifically to obtain public contracts …

Regime

Regardless of the form of the offense of influence peddling, characterization of the offense requires, that the influence be exerted, or attempted to be exerted, on a national or foreign public authority or administration that is capable of granting distinctions, jobs, contracts, or any other favorable decision. It is not necessary that the influence be used specifically to obtain public contracts. The offense can still be constituted if the defendant uses their influence to secure private contracts, as long as the approval of a public authority is required for those contracts . Similarly, it is irrelevant whether a favorable decision was obtained irregularly, illegitimately, or unnecessarily. The mere fact that it is obtained, through real or supposed influence, is sufficient. It also does not matter if the expected favorable decision proves to be unnecessary and pointless .

Influence peddling constitutes a formal offense, which is consummated independently of the result. Influence peddling will be consummated even if the intervention was not effective and the act did not occur. Whether the advantages are granted before the act or omission, as an incentive, or afterward, as a thank you, is irrelevant since the condition of anteriority was removed with respect to influence peddling, as well as corruption, by the laws of 30 June 2000 and 17 May 2011 .

While the offense of influence peddling constitutes an instantaneous offense committed upon the conclusion of the agreement made between a lawyer and the accepting party, and if its statute of limitations begins to run from the day the offense is committed, this offense is renewed with each act of performance of the agreement, i.e. each time the individual abuses their influence, which allows, as in the case of bribery (corruption), the starting point of the statute of limitations for public prosecution to be postponed . Similarly, in the absence of an indivisible link between the provision of money or gifts and the unlawful agreement pursuant to which it occurred, there are as many successive offenses as there are gifts made, as long as the fraudulent arrangement continues . In the case of concealment, despite its instantaneous nature, the statute of limitations only begins to run from the day the offense appeared and could be established under conditions allowing for prosecution .

Pursuant to Article 2 of the Code of Criminal Procedure, a civil action for influence peddling is admissible only if the damage claimed by the civil party directly results from the prosecuted acts and if the individual did not participate in the offense. Indeed, the civil action of a person who participated in the offense with the accused , or of a person who in bad faith gave money to the principal perpetrator of the influence peddling, or to their accomplice, to obtain a favorable decision from a public authority , is not admissible. However, the State is entitled to seek compensation for its financial loss, consisting of unnecessary expenses , and for its moral damage, resulting from passive influence peddling committed by its agents in the exercise of their functions, as long as these actions, separable from the function during which they were committed, discredit the entire public service, weaken the authority of the State in public opinion, and cause it direct personal harm .

Cass. crim., 12 December 1989, LawLex202200009539JBJ; 5 November 2003, LawLex202300011703JBJ.

Cass. crim., 20 March 1997, LawLex202200008076JBJ.

Cass. crim., 10 March 2004, LawLex202200010270JBJ.

Law No 2000-595 of 30 June 2000 amending the Criminal Code and the Code of Criminal Procedure, relating to the fight against corruption, JORF of 1 July 2000.

Law No 2011-525 of 17 May 2011 on the simplification and improvement of the quality of law, JORF of 18 May 2011.

Cass. crim., 12 December 1989, LawLex202200009539JBJ.

Cass. crim., 15 March 2000, LawLex202200010274JBJ.

Cass. crim., 19 March 2008, LawLex202200009495JBJ.

Cass. crim., 13 June 1978, LawLex202300001624JBJ.

Cass. crim., 7 February 2001, LawLex202300001625JBJ.

Cass. crim., 20 April 2005, LawLex202200003380JBJ.

White Collar Crime (en cours)

131. Regime

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

131. Regime

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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