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)

Article 311-1 of the Criminal Code classifies theft as the fraudulent removal of another's property from its legitimate owner. Given that criminal law is subject to strict interpretation, the reference to the legitimate owner implies the absence of theft when the removed item belongs to no one, such as an abandoned or ownerless item. Thus, objects that have become unfit for sale, which were withdr …

Stolen object

Article 311-1 of the Criminal Code classifies theft as the fraudulent removal of another's property from its legitimate owner. Given that criminal law is subject to strict interpretation, the reference to the legitimate owner implies the absence of theft when the removed item belongs to no one, such as an abandoned or ownerless item. Thus, objects that have become unfit for sale, which were withdrawn from sale and discarded pending destruction, are not subject to fraudulent appropriation that would constitute the offense of theft, as long as the undertaking had clearly expressed its intention to abandon them .

Article 311-1 expressly refers to the “removal” of something (une chose soustraite). Thus, only movable property can be the subject of theft, excluding real estate, with the value of the property not being taken into account . Movable property is understood in a broad sense and includes both tangible and intangible movables. Thus, defendants have been prosecuted not only for the theft of diskettes but also for their informational content, during the time necessary for the reproduction of the information . Similarly, theft can result from downloading, without the owner's consent, data that the defendant knew was protected . Free access to personal information on a company's computer network does not prevent its fraudulent appropriation by any means of reproduction , even if in the case of data extraction, the most appropriate classification would be that of Article 323-3 of the Criminal Code, which addresses attacks on automated data processing systems, including the fraudulent extraction of data.

Finally, the theft of energy, which had been recognized by the Court of Cassation since 1912, is now criminalized under Article 311-2 of the Criminal Code, which equates the fraudulent removal of energy to the detriment of others with theft.

Cass. crim., 15 December 2015, LawLex202200001408JBJ.

Cass. crim., 17 November 2015, LawLex202200006764JBJ.

Cass. crim., 12 January 1989, LawLex202200006761JBJI.

Cass. crim., 20 May 2015, LawLex202200001407JBJ; 7 November 2018, LawLex201800001747JBJ.

Cass. crim., 28 June 2017, LawLex202200001414JBJ.

White Collar Crime (en cours)

55. Stolen object

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

55. Stolen object

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise