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 313-1 imposes a penalty of five years' imprisonment and a fine of EUR 375,000 for fraud. Article 313-2 increases the penalties to seven years and a fine of EUR 750,000 when the fraud is committed by certain persons, such as those holding public authority or entrusted with a public service mission, in the exercise or on the occasion of the exercise of their functions or mission, or when it  …

Sanctions

Article 313-1 imposes a penalty of five years' imprisonment and a fine of EUR 375,000 for fraud. Article 313-2 increases the penalties to seven years and a fine of EUR 750,000 when the fraud is committed by certain persons, such as those holding public authority or entrusted with a public service mission, in the exercise or on the occasion of the exercise of their functions or mission, or when it is committed to the detriment of certain categories of persons, such as particularly vulnerable individuals or public persons. The penalties are increased to ten years of imprisonment and a fine of EUR 1,000,000 when the fraud is committed by an organized group.

Article 313-3 punishes the attempt of fraud with the same penalties. An attempt to defraud the court is constituted by a party knowingly presenting a false document in court intended to deceive the judge's belief and likely, if the scheme is not thwarted, to result in a decision prejudicial to the opponent's interests . Furthermore, the intervention of a third party who gives force and credit to the fraudster's false allegations by supporting them with their personal authority constitutes an act of complicity by aid and assistance, provided it is done knowingly .

Natural persons guilty of fraud also face additional penalties, including the prohibition from either holding a public office or engaging in the professional or social activity during or on the occasion of which the offense was committed, or from engaging in a commercial or industrial profession, directing, administering, managing, or controlling in any capacity, directly or indirectly, for their own account or for the account of others, a commercial or industrial undertaking or a commercial company. These prohibitions on practice may be imposed cumulatively. They also face exclusion from public contracts for a period of up to five years pursuant to Article 313-8.

Pursuant to Article 313-9, legal entities held criminally liable are subject, in addition to the fine under Article 131-38, to the penalties provided for in Article 131-39, such as dissolution, permanent or temporary prohibition from directly or indirectly engaging in one or more professional or social activities, and placement under judicial supervision.

Cass. crim., 26 March 1998, LawLex202200006799JBJ, for an illustration in the matter of fraud related to an arbitral award; CA Paris, 24 November 2021, No 20/00688 (Tapie - Crédit Lyonnais case).

Cass. crim., 6 July 1966, LawLex202200002202JBJ.

White Collar Crime (en cours)

75. Sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

75. Sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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