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)

Since the Law of 4 July 2005, the corruption of persons not holding a public office is also punished by the Criminal Code. Article 445-1 thus targets the active corruption of private individuals, which consists of anyone offering or giving, without right, to a person who, without being a holder of public authority, nor entrusted with a public service mission, nor vested with a public elective mand …

Private corruption

Since the Law of 4 July 2005, the corruption of persons not holding a public office is also punished by the Criminal Code. Article 445-1 thus targets the active corruption of private individuals, which consists of anyone offering or giving, without right, to a person who, without being a holder of public authority, nor entrusted with a public service mission, nor vested with a public elective mandate, exercises, within the framework of a professional or social activity, a management function or work for a natural person or legal entity or for any organization, offers, promises, gifts, presents, or any advantages. Corruption can also take a passive form, which, according to Article 445-2, consists of a person not holding public authority soliciting or accepting, without right, offers, promises, gifts, presents, or any advantages, for themselves or for others. Corruption, regardless of the form it takes, aims either to provoke or to “thank” the performance or abstention from performing an act of their activity or function or facilitated by it, in violation of their legal, contractual, or professional obligations .

The following are guilty of private corruption, the director of a subcontracting company who asks an employee of the contracting company organize a trip for himself and his spouse to secure subcontracting operations , a real estate dealer who offers a lawyer a sum of money to convince his client to withdraw from a legal action for rescission of a sale for lesion , the president of a hunting federation who accepts valuable items from a company with which his federation has concluded a contract for IT maintenance and equipment acquisition , the president of a football club who uses promises and gifts towards players of an opposing team to have them “ease up” and “facilitate winning a match” , the members of a company responsible for marketing land lots and carrying out the main construction work, who solicit and obtain from each plot buyer the payment in cash of a sum of money, conditioning the conclusion of the sale , the bank employee who receives commissions on checks submitted for collection based on fake invoices , or an airline company that hires and remunerates, through indirect means, numerous commercial intermediaries to assist in its commercial negotiations with private clients to obtain contracts .

For an example of the absence of incentive elements and any breach of a legal, contractual, or professional obligation, Cass. crim., 9 December 2008, LawLex202200010385JBJ. Cf., for acts of employee corruption, Cass. crim., 19 June 2013, LawLex202200001441JBJ.

Cass. crim., 19 May 2010, LawLex202200009675JBJ.

Cass. crim., 7 March 2012, LawLex202200010651JBJ.

Cass. crim., 26 January 2011, LawLex202200009684JBJ.

Cass. crim., 4 February 1997, LawLex202200010751JBJ.

Cass. crim., 25 February 2015, LawLex202200009681JBJ.

Cass. crim., 7 April 1986, LawLex202200010749JBJ.

CJIP, 29 January 2020, LawLex202300011594JBJ.

White Collar Crime (en cours)

120. Private corruption

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

120. Private corruption

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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