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 226-13 of the Criminal Code, the perpetrator of a breach of professional secrecy is liable to a penalty of one year's imprisonment and a fine of EUR 15,000.
The court may add one or more of the penalties provided for by Article 226-31 of the same code to the primary penalty: the disqualification from  civic, civil, and family rights, the temporary or permanent prohibition from  …

Sanction

Pursuant to Article 226-13 of the Criminal Code, the perpetrator of a breach of professional secrecy is liable to a penalty of one year's imprisonment and a fine of EUR 15,000.

The court may add one or more of the penalties provided for by Article 226-31 of the same code to the primary penalty: the disqualification from  civic, civil, and family rights, the temporary or permanent prohibition from exercising the professional or social activity during or on the occasion of which the offense was committed, according to the terms provided by Article 131-27, and the posting or dissemination of the judgment.

The offense of breach of professional secrecy is not, by its nature, an offense committed surreptitiously. Therefore, the starting point for the statute of limitations to be considered is the date on which the offenses were committed, not when they appeared and could be observed . Indeed, the offense of breach of professional secrecy constitutes an instantaneous offense, rgardless of the permanence of its effects, for which the statute of limitations for public action begins to run from the day of its commission. Article 226-13 of the Criminal Code does not make clandestinity a constitutive element of the offense of breach of professional secrecy. Therefore, in the absence of fraudulent means attributable to its perpetrator aimed at concealing its existence and preventing prosecution, the postponement of the starting point of the statute of limitations cannot be admitted .

A disciplinary procedure may occur independently of any criminal procedure.

Cass. crim., 8 November 2005, 05-80.370, LawLex202200002885JBJ; 12 September 2000, No 00-80.136, LawLex202200002889JBJ.

Cass. crim., 30 January 2001, No 00-81.309, LawLex202200002910JBJ.

White Collar Crime (en cours)

30. Sanction

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

30. Sanction

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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