Press review
18 March 2022

Press review – Week of 14 march 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.

 

“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 enforcementConsulting 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

Related content

Press review
Press review - Week of 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...
Press review
Press review - Week of 26 december 2022
30 December 2022
Press review – Week of 26 December 2022
In this week's news, there are several important events in criminal law. First, the criminal Charles Sobhraj, otherwise known as...
Press review
Press review - Week of 19 december 2022
23 December 2022
Press review – Week of 19 December 2022
This week's press review presents the outcome of an investigation by the Paris Bar Council against several lawyers for ethical...
Press review
Press review - Week of 12 december 2022
16 December 2022
Press review – Week of 12 December 2022
In this press review, from a judicial point of view, there are several important events: The Court de Cassation ruled...
Press review
Week 5 December 2022
9 December 2022
Press review – Week of 5 December 2022
In this press review, you will have the opportunity to discover two court decisions. The first one, is issued by...
News
ABA
6 December 2022
Launch of the international guide to corporate internal invgestigations
NAVACELLE co-hosted the launch of the ABA guide in Dubai along with Al Tamimi & Company, Bär & Karrer and...
Press review
2 December 2022
Press review – Week of 28 November 2022
In this press review, you will discover several important judicial events: the French Supreme Court clarified the status of victim...
Press review
Week of 21 November 2022
25 November 2022
Press review – Week of 21 November 2022
In this press review, you will discover the opening of a preliminary investigation by the French National Financial Prosecutor’s Office...
Analysis
21 November 2022
Judicial Agreement of Public Interest for aggravated tax fraud laundering and illegal canvassing
Credit Suisse escapes prosecution and agrees to pay a public interest fine of 123,000,000 euros under the 13th deferred prosecution...