Press review
22 April 2022

Press review – Week of 18 April 2022

In this press review, you will find articles on recent developments in criminal business law and criminal procedure, in particular on breach of trust and negligence of the victim, preliminary investigation and seizure, or confiscation. The review also includes an article on the state of compliance of French companies following the Sapin II law and a reflection on the notion of market rumor, between stock market secrecy and freedom of the press.

 

#Anti-Bribery and Corruption: Corporate criminal liability under French law, a decade of dramatic change

Introduction of the french law in the journal of Japanese Institute of International Business Law about corporate criminal liability in France over a decade of dramatic change. > Read article

 

#White collar crime: Breach of trust: impact of the victim’s negligence on the extent of his right to reparation

The Court of cassation considers that if the victim commits a fault of negligence when being the victim of an offence against property, then his right to reparation on the civil level will be reduced (Cass. crim., March 16, 2022, No. 20-86.502). > Read article

 

#Compliance: Sapin II: where are companies in their compliance processes? 

Six years after the implementation of the “Sapin II” law, which considerabky reformed the figh against corruption, the time has come to take stock of its impact on companies. > Read article

 

Confidence in the Judicial institution: publication of an application decree

An application decree of the law for confidence in the judicial institution has been promulgated in order to specify how the said law is to be applied (Decree n°2022-546 of April 13, 2022, concerning the implementation of various provisions of criminal procedure from the law n°2021-1729 of December 22, 2021). > Read article

 

Preliminary investigation: the seizure of an abandoned property does not require the authorization of the judge

The Court of cassation has recently decided on a mitigation of the principle of the right to privacy. Indeed, it considers that an abandoned property can be seized in the absence of any judicial authorization during a preliminary investigation which aims at searching for the perpetrators of an offence (Cass. crim., April 6, 2022, n°21-84.092). > Read article

 

Confiscation of a common property: the jurisprudence is refined

In a decision that clarifies the confiscation of joint property, the Court de cassation states that when the property is jointly owned, the confiscation cannot be applied to the property of the spouse in good faith, even if the property is the direct or indirect product of the offence (Cass. crim., March 23, 2022, No. 21-83.064). > Read article

 

#Banking and financial litigation: Market rumors: between stock market secrecy and freedom of the press

The Court of Justice of the European Union considers that a journalist who discloses information relating to market rumors concerning the launch of public takeover bids on listed companies constitutes an insider trading if the information is sufficiently concrete or specific (CJEU, March 14, 2022, aff. C-302/20, M.A c. AMF). > Read article

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