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 L. 511-33 of the Monetary and Financial Code, any member of a board of directors and, as the case may be, a supervisory board, and any person who holds any title participating in the management or administration of a credit institution, a financing company, or an entity as referred to in points 5 and 8 of Article L. 511-6, or who is employed by one of them, is bound by professi …

Bankers

Pursuant to Article L. 511-33 of the Monetary and Financial Code, any member of a board of directors and, as the case may be, a supervisory board, and any person who holds any title participating in the management or administration of a credit institution, a financing company, or an entity as referred to in points 5 and 8 of Article L. 511-6, or who is employed by one of them, is bound by professional secrecy. Thus, an employee of a credit institution who discloses to a client that a seizure order on their accounts has been sent to their employer by a police officer as part of a preliminary investigation violates the professional secrecy to which they are bound regarding information that has come to their knowledge in the course of their profession and to which the law has conferred a confidential nature .

Apart from the cases provided by law, banking secrecy cannot be enforced against the Prudential Supervision and Resolution Authority (Autorité de contrôle prudentiel et de résolution), the Banque de France, the Issuing Institute of the Overseas Departments, the Overseas Issuing Institute, or the judicial authority acting within the framework of a criminal procedure . A banking institution cannot, in particular, enforce professional secrecy against a request from the customs administration for the communication of the list of safe deposit box tenants, as long as it is presented within the framework of control operations that fall under its competence and concerns documents that facilitate the accomplishment of its mission . The absence of prior judicial requisitions for the voluntary delivery of banking documents by a bank to a judicial police officer within the framework of a letter rogatory does not infringe professional secrecy . In all cases, to be characterized, the offense of breach of professional secrecy requires that the disclosure of information was made with the awareness of revealing information covered by secrecy and with knowledge of its illicit nature .

Cass. crim., 30 January 2001, LawLex202200002262JBJ.

Cass. crim., 27 April 1994, LawLex202200002265JBJ; 9 March 2011, No 09-81.138: officers of the judicial police, acting on the requisitions of the public prosecutor in the context of a preliminary investigation, cannot have banking secrecy enforced against them.

Cass. crim., 30 January 1975, LawLex202200002273JBJ.

CA Grenoble, 9 February 2000, LawLex202200002275JBJ.

White Collar Crime (en cours)

26. Bankers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

26. Bankers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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