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)

Under Article 226-14 of the Criminal Code, Article 226-13 does not apply in cases where the law requires or authorizes the disclosure of the secret . Thus, a lawyer may, for the exercise of defense rights, disclose elements covered by professional secrecy. The trial courts that have sovereign discretion to ascertain whether the breach of secrecy was necessary, or not, for the exercise of defense r …

Exceptions

Under Article 226-14 of the Criminal Code, Article 226-13 does not apply in cases where the law requires or authorizes the disclosure of the secret . Thus, a lawyer may, for the exercise of defense rights, disclose elements covered by professional secrecy. The trial courts that have sovereign discretion to ascertain whether the breach of secrecy was necessary, or not, for the exercise of defense rights based on the facts and circumstances of the case .

Furthermore, individuals bound by professional secrecy may, in certain cases, be obliged to disclose confidential information. Indeed, under Article 223-6 of the Criminal Code, anyone who can prevent, through immediate action, without risk to themselves or others, either a crime or an offense against a person's physical integrity and voluntarily refrains from doing so is punishable by five years' imprisonment and a fine of EUR 75,000. The same penalties apply to anyone who voluntarily refrains from providing assistance to a person in danger that they could have provided without risk to themselves or others, either through personal action or by calling for help. Similarly, Article 434-1 states that anyone who, having knowledge of a crime that it is still possible to prevent or limit the effects of, or whose perpetrators are likely to commit new crimes that could be prevented, fails to inform the judicial or administrative authorities is punishable by three years' imprisonment and a fine of 45,000 euros . Furthermore, Article L. 561-1 of the Monetary and Financial Code provides that persons other than those subject to obligations to combat money laundering and terrorist financing who, in the course of their profession, carry out, control, or advise on operations involving capital movements, are required to report to the public prosecutor operations they are aware of that involve sums they know to originate from one of the offenses mentioned in Article L. 561-15, namely terrorist financing and tax fraud. When they have made such a declaration in good faith, no prosecution based on Articles 226-10, 226-13, and 226-14 of the Criminal Code can be brought against these persons. Finally, under Article 122-9 of the same code, a person is not criminally liable if they breach a legally protected secret, provided that this disclosure is necessary and proportionate to safeguarding the interests at stake, that it is made in compliance with the reporting procedures defined by law, and that the person meets the criteria for the definition of a whistleblower as set out in Article 6 of Law No 2016-1691 of 9 December 2016 on transparency, the fight against corruption, and the modernization of economic life. This article establishes a new ground for exemption from criminal liability for the benefit of a person who, under the conditions of the aforementioned article, breaches a legally protected secret, including professional secrecy .

Article 226-14 also provides that Article 226-13 does not apply to reports made in good faith to the competent authorities concerning deprivations or abuse inflicted on minors or adults who are unable to protect themselves, or on animals. As these provisions are not related to white collar crime, they will not be further developed.

Cass. crim., 28 October 2008, No 08-81.432, LawLex202200002821JBJ.

Cass. crim., 10 December 2014, No 14-81.313, LawLex202200002916JBJ.

Cass. crim., 17 October 2018, No 17-80.485, LawLex202200003434JBJ.

White Collar Crime (en cours)

31. Exceptions

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Les notions juridiques connexes

31. Exceptions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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