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)

Article 432-10 of the Criminal Code expressly designates as perpetrators of the offense persons vested with public authority or entrusted with a public service mission. In fact, these provisions serve a general interest objective directly related to the law aimed at combating offenses against public administration and integrity committed by persons vested with public authority or entrusted with a  …

Scope ratione personae

Article 432-10 of the Criminal Code expressly designates as perpetrators of the offense persons vested with public authority or entrusted with a public service mission. In fact, these provisions serve a general interest objective directly related to the law aimed at combating offenses against public administration and integrity committed by persons vested with public authority or entrusted with a public service mission, due to the public functions they perform .

Persons vested with public authority are those who hold decision-making and coercive power received from public authority due to their functions. This is the case for a local elected official who serves as vice-president of the regional council and the urban community , or the mayor .

Are entrusted with a public service mission, the persons who, without being vested with such power, are tasked with performing acts or exercising a function aimed at satisfying the general interest. This includes the director of the URSAFF (organization for the collection of social security and family benefit contributions) , the tax inspector , the president of a chamber of trades and artisanal crafts  or a multi-purpose intercommunal syndicate (SIMOV) , or the director of a social security fund .

On the other hand, municipal councilors are neither vested with public authority nor entrusted with a public service mission and cannot be prosecuted for corruption by a public official regarding the allowances freely granted to them .

Cass. crim., 4 March 2020, LawLex202200009293JBJ.

Cass. crim., 7 December 2022, LawLex202300001491JBJ.

Cass. crim., 10 October 2012, LawLex202200003299JBJ.

Cass. crim., 29 June 2016, LawLex202200003308JBJ.

Cass. crim., 20 May 2015, LawLex202200003307JBJ.

Cass. crim., 15 December 2010, LawLex202200010077JBJ.

Cass. crim., 19 December 2018, LawLex202200008988JBJ.

Cass. crim., 24 October 2001, LawLex202200003304JBJ.

Cass. crim., 27 June 2001, LawLex202200010069JBJ.

White Collar Crime (en cours)

109. Scope ratione personae

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

109. Scope ratione personae

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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