Analysis
14 July 2018

Anti-corruption NGOs’ standing in criminal procedure limited

Bastille Day Newsletter 2018 - Enforcement / Court Decisions

 

In two recent rulings, the French Supreme Court has adopted a literal and restrictive interpretation of the requirements for anti-corruption NGOs to have legal standing, both under Articles 2 and 2-23 of the French Code of Criminal Procedure.

In its first decision of October 11, 2017 (‟Balkany caseˮ on the conviction of Levallois-Perret’s mayor for laundering of tax fraud and corruption proceeds, passive bribery and non-declaration of assets), the Court ruled that the NGO did not meet the requirements of Article 2 of the French Code of Criminal Procedure as the NGO did not suffer from a damage directly caused by the offense.

In its second holding of January 31, 2018 (‟Bygmalion caseˮ on the financing of the political campaign of former president Nicolas Sarkozy by its political party, in breach of the rules governing financing of presidential campaigns), the French Supreme Court confirmed its strict interpretation of the provisions of both Articles 2 and 2-23 by rejecting the anticorruption NGO Anticor’s claim for damages in pending proceedings for forgery and use of forged documents, breach of trust, attempted fraud, complicity, and concealment.

The Court ruled that Anticor may not join as civil party to a proceeding which did not cover any of the offenses provided for by Article 2-23 and considered that Anticor did not suffer any damage directly caused by the offense pursuant to Article 2.

Supreme Court strict rulings however provide for a pragmatist application of the “specialia generalibus derogant” rule, which would preclude NGOs to avail themselves of Article 2 when failing to meet the requirements of Article 2-23.

Related content

Analysis
La 32e chambre correctionnelle du tribunal judiciaire de Paris se prononce pour la première fois en matière de délit de manipulation de marché
7 July 2023
The Paris Criminal Court issues its first decision on a market manipulation case
On 25 May 2023, the Paris Criminal Court (32nd Chamber) ruled for the first time on the offence of market...
Analysis
CumEx files
13 January 2022
CumEx files, from tax optimization to tax fraud?
A look back at the revelations of the "CumEx files" and key take aways on these practices of tax optimization...
Press review
Press review
22 September 2023
Press review – Week of 18 September 2023
This week, the Navacelle press review looks back at the adoption of the eighth version of the European Administrative Cooperation...
Analysis
La Cour de cassation reconnaît à la justice française la compétence universelle dans le cadre de crimes commis en Syrie.
18 September 2023
French Supreme Court (Court de Cassation) recognizes the universal jurisdiction of the French judicial courts...
In two rulings handed down on May 12, 2023, the French Supreme Court (Cour de Cassation) clarifies the conditions under...
Press review
press review
15 September 2023
Press review – Week of 11 September 2023
This week, the Navacelle press review looks back at the decision of a Brazilian Supreme Court judge to overturn the...
Press review
Press review
8 September 2023
Press review – Week of 4 September 2023
This week, the Navacelle press review discusses the guide published by the European Commission for EU operators on the best...
News
Bastille day newsletter 2023
14 July 2023
Bastille Day Newsletter 2023
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events...
Publication
Judicial public interest agreements (CJIP)
13 July 2023
[Infography] Focus on Judicial public interest agreements (CJIP)
Since its creation by the Sapin II law of 9 December 2016, the Judicial Public Interest Agreement (“Convention Judiciaire d’Intérêt...
Publication
Focus on the French financial markets authority activity (AMF)
13 July 2023
[Infography] Focus on the French financial markets authority activity (AMF)
The French Financial Markets Authority (“AMF”) intensive enforcement activity again demonstrates the regulator’s ambition to continuously strengthen market surveillance, through...
Publication
13 July 2023
[Infographie] Focus on the French data protection authority activity (CNIL)
Over the past months, the French Commission Nationale de l’Informatique et des Libertés (“CNIL”), regulator of personal data, imposed tremendous...
Analysis
13 July 2023
Overview of arbitration case law
French case law rendered this past year has notably addressed the enforcement regime against assets frozen because of international sanctions,...
Analysis
13 July 2023
AFA and PNF publish a guide to anti-corruption internal investigations
On 14 March 2023, the French Anti-Corruption Agency (“AFA”) and the French National Financial Prosecutor's Office (“PNF”) jointly published a...
Analysis
13 July 2023
PNF updates its guidelines for judicial public interest agreements
In January 2023, the National Financial Prosecutor published its new guidelines on judicial public interest agreements, which are intended to...
Analysis
13 July 2023
The French Supreme Court confirms in its decision “La Chaufferie de La Défense” that the...
In a decision dated 9 November 2022, the criminal chamber of the French Supreme Court confirmed its case law on...