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 321-1, para. 3, of the Criminal Code, simple recel (receiving/concealing) is punishable by five years of imprisonment and a fine of EUR 375,000. According to Article 321-2 of the code, aggravated concealment, when committed habitually or using the facilities provided by the exercise of a professional activity, or when committed in an organized group, is punishable by ten years  …

Repression

Pursuant to Article 321-1, para. 3, of the Criminal Code, simple recel (receiving/concealing) is punishable by five years of imprisonment and a fine of EUR 375,000. According to Article 321-2 of the code, aggravated concealment, when committed habitually or using the facilities provided by the exercise of a professional activity, or when committed in an organized group, is punishable by ten years of imprisonment and a fine of EUR 750,000. The fines may amount to up to half the value of the goods in question (Art. 321-3 Criminal Code).

Although the offense of receiving and concealing stolen property and the original offense constitute two distinct and autonomous offenses , recel arises from the original offense, indicating a connection and interdependence between the two offenses. Therefore, the receiver is subject to the penalties associated with the offense of which they were aware when the offense from which the concealed item originates is punishable by a deprivation of liberty exceeding the imprisonment incurred under Articles 321-1 or 321-2 of the Criminal Code. This also applies when there are aggravating circumstances, with the receiver being subject to the penalties associated with the circumstances of which they were aware (321-4 Criminal Code).

Even if the handler has received only part of the sums from the original offense, the joint liability regarding restitutions and damages with the main perpetrator, as set forth by Article 480-1 of the Code of Criminal Procedure, may be pronounced .

Although receiving is an after-the fact offense, when the acts proceed in an inseparable manner from a single criminal action characterized by a single criminal intent, they cannot be subject to accumulation, even if the declarations of guilt are concomitant .

Even if the statute of limitations applicable to recel is independent of that of the original offense , since concealment is a continuous offense , whose effects extend over time through the reiteration of the guilty intent , the statute of limitations begins to run from the day the concealment ended, even if, on that date, the offense that provided the object of the concealment would already be time-barred . The statute of limitations for concealment cannot start before the emergence and possibility of establishing the original offense allowing for the exercise of public prosecution , since the two offenses, original and consequential, are connected.

Cass. crim., 17 April 2019, LawLex202200009838JBJ, which specifies that the subsequent reimbursement of the subsidy originating from the misappropriation of public funds has no impact on the classification of the offense of concealment.

Cass. crim., 11 March 2015, LawLex202200009836JBJ.

Cass. crim., 26 October 2016, LawLex202200001564JBJ; Cass. crim., 10 November 2020, LawLex202200001522JBJ.

Cass. crim., 10 November 2020, LawLex202200001522JBJ.

Cass. crim., 25 June 1991, LawLex202200005944JBJ; Cass. crim., 21 November 2012, LawLex202200001650JBJ; Cass. crim., 16 January 2018, LawLex202200001565JBJ.

Cass. crim., 25 June 1991, LawLex202200005944JBJ; Cass. crim., 21 November 2012, LawLex202200001650JBJ.

Cass. crim., 16 July 1964, LawLex202200006190JBJ.

Cass. crim., 6 February 1997, LawLex202200001651JBJ; Cass. crim., 10 November 2020, LawLex202200001522JBJ; Cass. crim., 28 February 2017, LawLex202200005945JBJ.

White Collar Crime (en cours)

94. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

94. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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