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)

Pursuant to Article 323-3-1 of the Criminal Code, the act, without legitimate reason, particularly for research or IT security, of importing, possessing, offering, transferring, or making available any equipment, instrument, software, or data designed or specially adapted to commit one or more of the offenses provided for in Articles 323-1 to 323-3 is punishable by the penalties prescribed respect …

Importation, possession, offering, transfer, or provision of equipment, instrument, or computer program to commit an attack on automated data processing systems

Pursuant to Article 323-3-1 of the Criminal Code, the act, without legitimate reason, particularly for research or IT security, of importing, possessing, offering, transferring, or making available any equipment, instrument, software, or data designed or specially adapted to commit one or more of the offenses provided for in Articles 323-1 to 323-3 is punishable by the penalties prescribed respectively for the offense itself or for the most severely punished offense.

The text does not require that an incitement to use such a system be characterized . A manager cannot claim a legitimate reason when he publishes writings directly visible on his company's internet portal, which specializes in IT security consulting, that are accessible to all and allow the exploitation of IT security vulnerabilities, as, due to his expertise in the field, he knew he was disseminating information that posed a risk of being used for hacking purposes by a particular audience seeking such deviance . A defendant also cannot invoke as a legitimate reason for possessing equipment designed or adapted for fraudulent interference with an automated data processing system the defense of his professional situation and reputation, as the authorization for possession under Article 323-3-1 regarding such equipment is limited to persons authorized to ensure the maintenance or security of an IT system . In all cases, the finding of a violation without legitimate reason and with knowledge as provided by Article 323-3-1 requires establishing the culpable intent required by Article 121-3 of the Criminal Code .

On the other hand, this offense cannot be attributed to defendants, as those provided for in Articles 323-1 to 323-3 cannot be established. Therefore, the act of designing and marketing software that allows its purchaser, the owner of the data, to delete entries related to cash sales before they are finalized from an accounting perspective, does not constitute the offense under Article 323-3-1, when these deletions are not concealed from any other potential users of the system .

Cass. crim., 27 October 2009, LawLex202200009851JBJ.

Cass. crim., 16 January 2018, LawLex202200001625JBJ.

Cass. crim., 7 January 2020, LawLex202200001626JBJ.

White Collar Crime (en cours)

99. Importation, possession, offering, transfer, or provision of equipment, instrument, or computer program to commit an attack on automated data processing systems

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99. Importation, possession, offering, transfer, or provision of equipment, instrument, or computer program to commit an attack on automated data processing systems

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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