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)

Blackmail can be established despite the absence of monetary value of the threat, where it can be characterized by expressing, through registered letters, one's dissatisfaction and intention to file a complaint, not failing to warn the victim of the consequences, and sending anonymous and successive letters between the two registered letters .
A threat with a view to recovering something owed does …

Content of threat

Blackmail can be established despite the absence of monetary value of the threat, where it can be characterized by expressing, through registered letters, one's dissatisfaction and intention to file a complaint, not failing to warn the victim of the consequences, and sending anonymous and successive letters between the two registered letters .

A threat with a view to recovering something owed does not constitute blackmail, unless the revelations concern facts unrelated to the cause of the debt . This is not the case when requesting the payment of a sum of money as a condition for withdrawing a complaint that has already been filed, as long as the complaint containing the revelations or defamatory accusations preceded the demand for money  or the letter addressed to the Minister of Finance containing a threat of revelation about manipulations of a financial company, unrelated to the defendant's compensation claim against it .

While the victim of an offense does not commit the crime of blackmail by threatening to file charges, it is blackmail for someone who, to obtain a settlement, threatens to report a tax offense which, by its very nature, is unrelated to a dispute between private individuals. Indeed, the threat to report tax offenses, with the aim of obtaining a supposed amicable settlement, constitutes in all its elements, both material and intentional, the offense of attempted blackmail . The same applies to sending anonymous and successive letters including a copy of the regulations on the declaration of foreign accounts and the penalties incurred, copies of transfer orders given by the victims to their French bank for the purpose of transferring funds to their offshore account opened in a bank in Jersey, and a document containing the income derived by the victims, which is analyzed as an unambiguous threat of reporting to the tax administration  or forcing a person, during a meeting attended by their lawyer, to abandon legal action under the threat of reporting facts to the tax administration and physical harm to themselves or their partner .

Cass. crim., 8 November 2011, LawLex202200001583JBJ.

Cass. crim., 5 March 1975, LawLex202200003961JBJ.

Cass. crim., 22 April 1975, LawLex202200003054JBJ.

Cass. crim., 12 October 2004, LawLex202200006768JBJ.

Cass. crim., 8 September 2015, LawLex202200006769JBJ.

Cass. crim., 5 April 1995, LawLex202200003053JBJ.

White Collar Crime (en cours)

65. Content of threat

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

65. Content of threat

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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