This bill No. 2208 of December 9, 2025, which aims to provide internal investigations with a genuine legislative framework, marks a major step forward in this area.

This long-awaited text — especially since the bill introduced by Olivier Marleix in October 2024 — seeks to strengthen the coherence, transparency, and legitimacy of internal investigations, which have become a strategic tool for risk management, reputation protection, and cooperation with authorities in the context of negotiated justice.

In particular, it proposes:

• A Introduction of a definition of internal investigation in the Labour Code:
  “An internal investigation refers to a formal process conducted within a private or public organisation to determine whether alleged facts or suspected breaches of laws or internal rules are substantiated.”
• The creation of a dedicated section in the Code of Criminal Procedure applicable when an internal investigation is conducted in connection with the same facts, defining:
  • the rights of an individual summoned: notification of the right to end the interview, to make statements and answer questions, and to be assisted by counsel
  • the obligation to draft a written report, which the interviewee has the right to sign
  • the possibility for the interviewee to submit written observations
• The protection of documents produced during the internal investigation, which may only be shared with judicial authorities with the express consent of the legal entity that conducted the investigation.

This development echoes the recent breakfast event “Promoting Internal Investigations” held on 27 November by AFJE and Le Club des juristes, centred around the report chaired by Dominique Perben. During this session, co-rapporteurs Stéphane de Navacelle and Raphaël Gauvain shared the conclusions of a year-long work. The report — based on input from numerous experts — highlights the increasingly strategic role of internal investigations for corporate competitiveness and French judicial sovereignty.