“Despite its qualities, the CJIP can still be improved”
In an exclusive interview, several Hogan Lovells partners discuss the place of negotiated justice and international arbitration in France. > Read article
Tax fraud: non-cumulation of criminal and tax penalties in the case of low-level acts
The Court of Cassation decides that when the accused, prosecuted for tax fraud, has not committed facts of a sufficient degree of seriousness, then the cumulation of criminal and fiscal sanctions cannot be applied (Cass. crim., 23 February 2022, n° 21-81.366). > Read article
#Tax enforcement: Consulting firm McKinsey accused of tax evasion in France
Mckinsey, a key player in the business and consulting world, is accused of fraudulent tax optimization. A senatorial investigation would reveal that the American company would not have paid any corporate tax in France in the last decade). > Read article
The Chancellery is concerned about the serial cancellation of proceedings due to unreasonable delays
In the absence of any legal provision, several cases have been concluded by the cancellation of the procedure due to an unreasonable delay since 2021. It should be noted that this approach is only being used in the field of financial crime. > Read article
The arrest of a person inside his home must have a clear and precise legal basis
The ECtHR considers that an arrest inside the protagonist’s home must have a clear and precise legal basis (ECHR, 8 March 2022, no. 53069/15, Sabani v France). Indeed, an asylum seeker was arrested in his home on the basis of a text that authorizes the police to seize foreigners who do not carry an identity document. However, this text does not authorize police officers to enter the foreigner’s home, which constitutes interference on their part. > Read article
Press: suspension of the prescription in case of an insurmountable obstacle
The French Supreme Court considers that the person who sets in motion the public action by a complaint with civil party constitution has no means to oblige the investigating judge to carry out an act interrupting the prescription, which constitutes an insurmountable obstacle. Consequently, the judges admit that the limitation period is suspended between the date of filing of the complaint and the delivery of the public prosecutor’s indictment (Cass. crim., 8 March 2022, n° 21-83.037). > Read article
War in Ukraine: Éric Dupond-Moretti announces restrictive judicial measures
The Minister of Justice announced in a statement that a priority treatment will be given to the reports transmitted by the intelligence cell TRACFIN regarding illegal Russian assets. As soon as the reports are received, the public prosecutor’s office will have to systematically open extensive judicial proceedings. > Read article
The French Competition Authority : new draft guide on compliance programs
Compliance obligations are multiplying in all areas: from the fight against corruption to competition law. Navacelle reviews the new draft guide published by the French Competition Authority for the implementation of competition compliance programs. > Read article
