Press review - Week of 19 September 2022

Press review – Week of 19 September 2022

In this week's press review, you will discover the criminal initiatives at the European Union level announced by the President of the European Commission, and the new French criminal policy announced by the Minister of Justice. In addition, you will find the state of play on the National Financial Prosecutor's Office presented by the Figaro. Finally, you can read the analysis of the condemnation of France by the Court of Justice of the European Union following the expulsion of a foreign national.

Attorney-client privilege: an in concreto assessment of documents, allowing to benefit from the protection of attorney-client privilege

In a significant decision dated 26 January 2022, the Criminal Division of the Court of Cassation reviewed the principles of attorney-client privilege and extended this privilege to documents and exhibits not directly emanating from lawyers or not directly addressed to lawyers. > Read analysis

Expulsion of a foreign national: France breached article 3 of the Convention by not having sufficiently analyzed the risks

The European Court of Human Rights (ECHR) condemned the French State for infringement of article 3 of the European Convention, due to an insufficient analysis of the risks linked to the expulsion of a Russian citizen to his country of origin, following the revocation of his refugee status. > Read article

#Anti-bribery: State of the Union address: Ursula von der Leyen announces new proposals to combat corruption

In her State of the Union address, the President of the European Commission indicated that a set of initiatives to modernize the European anti-corruption legislative framework and to include corruption in the existing human rights sanctions’ regime will be presented in 2023. > Read article

New circular of criminal policy from Eric Dupond-Moretti

Eric Dupond-Moretti, Minister of Justice, announces his penal policy priorities for the next two years in a new circular dated September 20, 2022. The circular is divided into four axes. First of all, the daily delinquency, for which the Minister of Justice wishes to reinforce the exchanges between prosecutors and elected officials and develop the use of updated resources. The second axis concerns environmental justice which will me the subject of an independent circular, and cybercrime for which new tools will be introduced,ubject. Then, in terms of sentencing policy, the Minister wishes that the time limits for judging serious or repetitive offenders should not exceed eight months and emphasizes the critical state of the prisons Finally, concerning victims, a forthcoming proposal to extend the scope of the CIVI is announced. > Read article

Cash machine, negotiated justice… How the PNF is digging its furrow

An overview of the French National Financial Prosecutor’s Office, its objectives, and its major players. The article revisits its short but eventful history, and refocuses on its objectives: to promote efficiency in complex criminal cases and to favor negotiated solutions. > Read article