Sexual offenses have rocketed into the limelight in recent months. The societal phenomenon #balancetonporc (#balancetonporc is the French equivalent of #MeToo) has led Marlène Schiappa, French Minister of State for Gender Equality, to work on a draft bill to combat sexual and sexist behaviors.
With the strengthening of the existing legislative arsenal and the creation of a new criminal charge, what has been the impact of the #balancetonporc movement on the protection of victims of sexual offenses?
In a press release sent to the France Presse Agency (AFP) on February 12, 2018, Laura Smet announced that she intended to challenge the will of her father, Johnny Hallyday. As per the terms of said will, Johnny Hallyday reportedly left all of his property and artistic rights exclusively his last wife, Laëtitia Hallyday, as permitted under California law.
What are the chances of success of such a legal action in light of the most recent case-law developments?
In two decisions handed down on September 27, 2017, the First Civil Chamber of the Cour de Cassation (French Supreme Court) held that “a foreign law designated by the conflict-of-law rule, which excludes forced heirship, is not, in and of itself, contrary to French international public policy and may be set aside only if its effective application to the case at hand results in a situation that is inconsistent with the French law principles deemed to be fundamental”.
These decisions settle the debate over how forced heirship should be articulated with French international public policy.
In a decision dated June 28, 2017, the Criminal Chamber of the Cour de cassation (French Supreme Court) specified that “free access to personal information on a company’s IT network does not mean that such information may not be fraudulently appropriated by any means of reproduction”.
This landmark decision revives the debate on the tricky issue of theft of information.
Since March 1, 2017, new provisions govern the statutes of limitations for the prosecution of criminal offenses (i.e. the time-line during which an offense must be prosecuted) and the statutes of limitations for the enforcement of penalties.
What are the consequences of these changes?
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