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

Publication
The Practitioner’s Guide to Global Investigations - 7th Edition
13 January 2023
Practitioner’s Guide to Global Investigations (2023) – GIR
NAVACELLE co-author of the seventh edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Analysis
Lobbying : Declaration obligations of interest representatives in France
14 July 2022
Lobbying: Declaration obligations of interest representatives in France
Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11,...
Publication
The Guide to Sanctions -GIR (2022)
10 July 2022
The Guide to Sanctions (2022) – GIR
Navacelle co-author of the third edition of the Global Investigation Review's Guide to Sanctions.
Press review
Press review - Week of 20 March 2022
24 March 2023
Press review – Week of 20 March 2023
In this week’s press review, Navacelle looks at the arrest warrant issued by the Prosecutor of the International Criminal Court...
Publication
LIR - Second edition - Greenwashing
21 March 2023
Boosting the fight against greenwashing in France
In the recent years, French rulemakers, regulators and the judicial system have contributed to strengthen the fight against greenwashing.
Press review
Press review - Week of 13 March 2022
17 March 2023
Press review – Week of 13 March 2023
This week in the press review, first in criminal business law, Pakistani investor Arif Naqvi lost his appeal against extradition...
Analysis
15 March 2023
US FinCEN issues new rule on beneficial ownership reporting under the Corporate Transparency Act
As of January 1, 2024, companies operating in the United States will be required to report information about their beneficial...
Press review
10 March 2023
Press review – Week of 6 March 2023
This week in the press review, HVI Cat Canyon Inc. has been ordered to pay more than 65 million dollars...
Analysis
9 March 2023
Historical sanctions by the Financial Markets Authority
The Financial Markets Authority’s Enforcement Committee imposes record-breaking fines on a British asset management company and two of its executives...
Press review
Press review - Week of 27 February 2023
2 March 2023
Press review – Week of 27 February 2023
This week in the press review, the Minister of Public Accounts visited the United States to discuss improving tax cooperation....
Press review
Press review - Week of 20 February 2023
24 February 2023
Press review – Week of 20 February 2023
This week in the press review, Navacelle focuses on the cancelation of a record fine against Swiss laboratories for anti-competitive...
Event
will the recent French case law harm the position of Paris as preferred arbitral seat
22 February 2023
Will the recent French case law harm the position of Paris as preferred arbitral seat?
For Paris Arbitration Week 2023, Navacelle’s Arbitration team invites you to participate in its round table on the following topic...
Press review
Press review - Week of 13 February 2023
17 February 2023
Press review – Week of 13 February 2023
This week in the press review, Shell executives were accused of endangering the company’s sustainability. German authorities raided companies suspected...
Press review
10 February 2023
Press review – Week of 6 February 2023
This week’s press review focuses on the Court of Cassation’s favorable decision for whistleblowers, the prosecution of Elon Musk for...
Event
How to collect evidence and conduct interviews
6 February 2023
How to collect evidence and conduct interviews?
Learn about the different stages and aspects of an effective internal investigation that respects the legitimate interests of those involved:...