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 Criminal Chamber of the Court of Cassation has held that only fines and confiscation may be imposed on the acquiring company . This therefore excludes the additional penalties provided for in Article 131-39 of the Criminal Code, such as dissolution, exclusion from public contracts on a permanent basis or for a period of up to five years, prohibition from receiving any public aid, etc.

On the other hand, in the event of fraud, as the unlawful effect sought must be deemed void, any penalty incurred by the absorbed company may be imposed on the absorbing company.

Cass. crim., 25 November 2020, LawLex202200001375JBJ.

Limits related to penalties imposed

10. Limits related to penalties imposed