Press review
17 June 2022

Press review – Week of 13 June 2022

In the press review you will discover the evaluation report of the French anti-money laundering system carried out by the FATF, a debate about the situation of individuals in the context of the conclusion of a French DPA, and an article on the use of the administrative control mechanisms provided for by the SILT law. The press review also presents current topics, including the French DPA signed by McDonald's, and recent case law in criminal law and criminal procedure.

 

Anti-money laundering: FATF commends France

The FATF has recently issued a report which is very favorable to the action of the French authorities in this area and notes some areas for improvement in the French anti-money laundering system in terms of the effectiveness of prosecutions. However, the report welcomes the emergence of financial compliance which aims to prevent fraudulent behavior. > Read article

 

Negotiated criminal justice: the delicate question of the situation of individuals

Valérie Munoz-Pons and Alexandre Mennuci question the outcome for individuals within the framework of negotiated justice, in particular after the conclusion of a French DPA with the legal entity within the framework of white collar crime. > Read article

 

McDonald’s pays over €1 billion to avoid prosecution in France

McDonald has agreed to pay a fine of over €1 billion under a French DPA proposed by the PNF to avoid criminal prosecution over tax fraud. > Read article

 

Ne bis in idem: consequences of the case law evolution

In a decision of June 9, 2022, the Court of Cassation drew the consequences of the recent shift in its case law regarding the principle of ne bis in idem. The Court thus considered that the Court of Appeal did not disregard the ne bis in idem principle when it held the defendant guilty of participating in a criminal syndicate and committing money laundering in an organized gang, even when the facts used to establish both offenses are identical.(Cass. crim., June 9, 2022, n°21-80.237). > Read article

 

Criminal courts: lack of signature of the court clerk on the last page of the minutes of the proceedings

The Court of Cassation considers that a procedure is considered valid, even in the absence of the signature of the last page of the minutes of the debates by the clerk, as long as the substantial formalities have been fulfilled (Cass. crim., May 18, 2022, FS-B n°21-84.074). > Read article

 

Misappropriated properties: rejection of Equatorial Guinea’s request for the restitution of a private hotel

The Paris Court of Appeal has upheld the seizure of a private mansion in Paris belonging to the son of the Equatorial Guinean leader who was finally sentenced in 2021 in the so-called “misappropriated properties” case. > Read article

 

Administrative controls are still widely used in 2021

The administrative control mechanisms of the SILT law, integrating the exceptional surveillance and protective measures of the state of emergency into law, are still widely used by the public authorities almost five years later. > Read article

 

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