Press review
18 February 2022

Press review – Week of 14 February 2022

The press review covers all the latest court rulings and new regulations on different branches of law, as well as events that have been in the legal news in recent days.

 

 

1MDB scandal: bribery and bigamy loom large in ex-Goldman Sachs banker’s trial

The trial of a former Goldman Sachs banker accused of playing a role in the high-profile scandal of looting Malaysia’s sovereign wealth fund 1MDB and taking millions from it began Monday in New York. He is accused of breaking US bribery laws, laundering money and circumventing internal controls at Goldman Sachs. All this to recover 35 million dollars in the process. > Read article

 

#Criminal Law –  Correctional appeal : rights of civil parties and withdrawal

This decision recognizes the possibility for the civil party, even if it is not an appellant, who is summoned before the court as a respondent on the appeal of an accused, to express itself at the hearing and, in particular, to be able to present a request on the basis of article 475-1 of the code of penal procedure. This possibility is offered to him even if the accused appellant has withdrawn his appeal and as long as the withdrawal has not been noted by the court. > Read article

 

European Arrest Warrant and referral of the hearing to the Investigating Chamber

The dispatch of the judgment by the public prosecutor ruling on the referral of the case constitutes notification of the hearing date. Moreover, the absence of the person concerned, who has been duly summoned, means that the requirement to question him at the hearing on the execution of the European arrest warrant is waived. Finally, Article 199 of the Code of Criminal Procedure requires the hearing of an adviser in his report during the proceedings before the investigating chamber. Failure to comply with this formality leads to the nullity of the judgment of the investigating chamber. > Read article

 

#Duty of care, RSE & human rights – Crime against humanity: around 50 investigations under threat

Focus on a recent decision of the French Supreme Court which tends to restrict the competence of French courts (Cass. crim., 24 Nov. 2021, n° 21-81.344). In terms of crimes against humanity, France theoretically has universal jurisdiction which allows it to prosecute offenders without any link with France. However, the Court has stated that in the absence of criminalization in the country of commission, the French courts do not have competence. As a result, nearly fifty cases involving Syrian nationals may not be tried on French soil. > Read article

 

#Internal Investigation : The role of the investigating lawyer

Stéphane de Navacelle presents the role of the investigating lawyer for the Entrepreneurial Paris Bar training cycle. > Read presentation

 

Anti-corruption and international risk perspectives from recent developments in France

Focus on the current anti-corruption landscape in France, whose historical reputation for less aggressive enforcement has recently given way to a robust and proactive anti-corruption regime. > Listen to podcast

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