Press review – Week of 16 May 2022

In the press review, you will find the latest news in criminal procedure and criminal law, including a decision on reasonable delay rendered by the ECHR, a decree on the secrecy of the investigation, and a decree on liability in case of mental disorders. You will also find articles on ethics and compliance, especially on the growing reliance of compliance in companies and public entities, on the right to privacy and on freedom of expression.

#Ethics & Compliance: Compliance, a function on the rise

Given the increase in compliance laws and regulations and the new challenges that companies must face as a result, compliance is no longer an option for many companies and public entities. > Read article

Procedural clarifications regarding responsibility in case of mental disorders

The decree n°2022-657 dated 25 April 2022 clarifies the law dated 24 January 2022, which establishes exceptions to criminal irresponsibility for mental disorder when an individual is under psychoactive substances (Decree No. 2022-657 of April 25, 2022). > Read article

Reasonable delay: France sentenced because of the excessive duration of a procedure

The European Court of Human Rights has sanctioned France because of the unreasonable nature of a procedure which lasted nearly 18 years (ECHR, May 12, 2022, Req. 43078/15, Tabouret v/ France). It specifies that the unreasonable nature is appreciated with regard to the complexity of the case, the behaviour of the applicant and that of the authorities, as well as the stake of the litigation for the interested party. > Read article

Several QPC referred to the Constitutional Council by the criminal chamber of the French Supreme Court

The French Supreme Court referred to the Constitutional Council (i) a QPC on the impossibility for the witness to appeal the order of the investigating judge challenging a request to acknowledge the statute of limitations of the public prosecution, which was previously limited to the defendant only, with regard to the principle of equality before the law, (ii) and a QPC on the possibility for judicial police officers, on the basis of a letter rogatory, to access connection data, with regard to the right to privacy. > Read article

The confidentiality of the investigation and the protection of personal data during the copying of a criminal file by the lawyer

The decree n°2022-546 dated 13 April 2022 simplifies access to proceedings for lawyers by allowing them to reproduce criminal files more easily by using a handheld scanner or by taking pictures. > Read article

The French Supreme Court recognizes the plea of good faith to the accusing parties and confirms their release for defamation

The French Supreme Court released two women considering that their statements, although defamatory, were part of a general debate following the liberation of women’s speech (Cass. 1re civ., May 11, 2022, No. 21-16.156; Cass. 1re civ., May 11, 2022, No. 21-16.497). > Read article