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 delegator must be a company executive, i.e. a corporate officer with management and representation powers, whose scope of prerogatives does not allow them to oversee all activities and personnel under their authority. For delegation to be justified, the size of the company must be such that the executive cannot personally ensure the oversight of all activities and compliance with laws and regu …

Conditions relating to the delegator

The delegator must be a company executive, i.e. a corporate officer with management and representation powers, whose scope of prerogatives does not allow them to oversee all activities and personnel under their authority. For delegation to be justified, the size of the company must be such that the executive cannot personally ensure the oversight of all activities and compliance with laws and regulations. The absence of a delegation of authority within a complex structure where the business leader is unable to personally ensure compliance with obligations may be considered a fault likely to result in liability .

The case law does not permit the company director to delegate all of their powers, particularly those related to the general administration of the company, as they would no longer bear any responsibility for the company they manage. Certain powers that the law considers to be the director's sole responsibility cannot be delegated. They include, inter alia, the publication of financial information and the appointment of auditors when required by law after certain thresholds are crossed. In a ruling related to the offence of obstruction, the Criminal Chamber of the Court of Cassation held that even if a representative is entrusted with presiding over the central works council, the company director remains liable to this body regarding measures falling under their own management authority, and cannot invoke the argument derived from a delegation of powers .

Those powers cannot be delegated to multiple people simultaneously, or any exonerating effect of those delegations will be lost. Once the delegation has been established, the delegator can no longer interfere in the management of the concerned areas at the risk of rendering the delegation void, and thus thwarting the transfer of criminal liability .

Cass. crim., 31 October 2017, No 16-83.683, LawLex202200002845JBJ.

Cass. crim., 15 May 2007, No 06-84.318, LawLex202200002523JBJ.

Cass. crim., 29 January 2002, LawLex200300003321JBJ; CA Lyon, 8 February 1995, LawLex200200000329JBJ.

White Collar Crime (en cours)

15. Conditions relating to the delegator

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

15. Conditions relating to the delegator

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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