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)

The offense of corruption by a public official is punishable by five years of imprisonment and a fine of 500,000 euros, which may be doubled based on the proceeds derived from the offense. It is an instantaneous offense, consummated at the moment the defendant demands, receives, or orders the payment of undue sums, or unjustifiably grants an exemption or deduction. The statute of limitations begin …

Repression

The offense of corruption by a public official is punishable by five years of imprisonment and a fine of 500,000 euros, which may be doubled based on the proceeds derived from the offense. It is an instantaneous offense, consummated at the moment the defendant demands, receives, or orders the payment of undue sums, or unjustifiably grants an exemption or deduction. The statute of limitations begins to run from the day the acts are committed, and its starting point cannot be delayed to the date on which the civil party became aware .

When misappropriation by a public official results from indivisible operations, the statute of limitations for the offense begins to run only from the last of the undue receipts or unjustified exemptions granted .

Since concussion has the effect of depriving the State of a right that was due to it, a municipality can become a civil party when the mayor has exempted the purchaser and occupant of municipal land from paying the price by voluntarily refraining from executing the deed of sale of said land, since it was deprived of the benefit that the occupant of the land could have enjoyed . The same applies to a university, as long as the fraudulent actions have deprived it of the benefit of credits specifically allocated to its budget, to which it had an acquired right and which it could have used .

Cass. crim., 3 December 2008, LawLex202200003309JBJ.

The undue remunerations received by the president, the secretary-general, and the elected treasurer of a chamber of trades and crafts, on different dates, and which were implemented through concerted mechanisms, are thus considered indivisible: Cass. crim., 31 January 2007, LawLex202200010065JBJ; 15 December 2010, LawLex202200010077JBJ; 29 June 2016, LawLex202200003308JBJ.

Cass. crim., 10 October 2012, LawLex202200003299JBJ.

Cass. crim., 22 January 1997, LawLex202200003368JBJ.

White Collar Crime (en cours)

114. Repression

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

114. Repression

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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