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Criminal Law

15 April 2022 | Victor Trouttet

The mere fact that a victim has committed a faute simple (i.e. mere negligence) reduces his right to compensation

In a decision handed down on March 16, 2022, the Cour de Cassation (French Supreme court) has made an important clarification to its case law regarding the reduction of the victim’s right to compensation.

Indeed, it is now established that even the victim’s faute simple (mere negligence) can lead to a reduction of his right to compensation.

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30 March 2022 | Jean-Luc Soulier

Fighting foreign bribery: The OECD Working Group’s Phase 4 report on France distributes good and bad marks

The OECD Working Group on the Implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted the France Phase 4 report on December 9, 2021.

This is an opportunity to recall the origin of this Convention before briefly presenting the good and bad marks distributed by the monitoring team in charge of assessing France’s progress in the fight against foreign bribery and underlining its key role in the defense of the values of the civilized world.

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22 February 2022 | Victor Trouttet

Third-party owner of a property liable to confiscation: Without informing, you shall not seize

As early as 2016, the then Minister of Justice, Christiane Taubira, stressed the importance of criminal seizures in the legal arsenal.

The current interest in this process can be explained by the fact that it allows for a patrimonial penalty that deprives the perpetrator of the proceeds of his/her offense and, consequentially, of a title considered to be more fraudulent than legitimate.

However, the confiscation sometimes does not only affect the perpetrator of the offense but also a third-party owner of the seized property who has not committed any offenses.

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29 April 2021 | Soulier Avocats

Infographic on the key figures of the audit activities of the French Anticorruption Agency published in its 2020 annual report

The French Anticorruption Agency (Agence Française Anticorruption, hereinafter “AFA”) published its 2020 annual report in March 2021.

This provides the opportunity to review the key figures of its audit activities in one infographic, four years after its creation by the Law of December 9, 2016 on transparency, fight against corruption and modernization of economic life, known as the “Sapin II” Law.

While these figures help us identify a trend concerning the types of audits carried out and the entities concerned, the AFA could in the future extend these audits by deciding to subject more companies to the compliance scheme, as it seems to envisage in its latest guidelines.

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26 February 2021 | Soulier Avocats

The French Anticorruption Agency publishes its new guidelines

On January 12, 2021, the French Anti-Corruption Agency published its new guidelines which will serve as the reference framework for its investigations, effective from July 13, 2021.

These new guidelines, which are both more demanding and pragmatic because they have been adapted to take into account the inspections and audits carried out by the AFA since the entry into force of the former guidelines, deserve, in our opinion, the full attention of entities subject to Article 17 of the Sapin II Law.

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29 September 2020 | Soulier Avocats

Pre-trial detention: The health crisis does not in itself justify the release from prison

The conditions of detention, already well deteriorated due to the overcrowding that has been a constant feature of places of deprivation of liberty for several years, are necessarily and unfortunately adversely affected by the health situation created by the COVID-19 pandemic. How to implement social distancing, and more broadly, so-called “barrier gestures” (i.e. preventative measures that each individual should take to protect himself/herself and others against COVID-19) in places where the daily life is marked by the proximity between fellow inmates? It is impossible to do so.

Consequently, many requests for release from pretrial detention have been filed with the Liberty and Custody Judge. However, these requests for release have been dismissed. Following the upholding of a dismissal order, one inmate appealed to the Cour de Cassation (French Supreme Court). On August 19, 2020, the Criminal Chamber of the Cour de Cassation issued a ruling that confirmed the dismissal of the request for release.

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