Press review
6 May 2022

Press review – Week of 2 May 2022

This week's Navacelle press review includes the latest news on criminal business law, criminal procedure, and international criminal law. The criminal chamber of the Court of Cassation recently rendered a decision regarding the qualification of the offence of bankruptcy by fraudulent increase in debts. In the field of anti-corruption, Thales was indicted in a case involving the sale of submarines to Malaysia in 2002. Finally, the review looks into a decision of the Court of Justice of the European Union on the European arrest warrant.

 

#White collar crime: Impacts of the attorney-client privilege reform on white-collar practice

On 22 December 2021, Law n° 2021-1729 for confidence in the judicial institution was enacted. Following the initiative of the Minister of Justice , this Law has been the subject of several controversies concerning the attorney-client privilege. > Read analysis

 

#White collar crime: Bankruptcy for fraudulent increase of debts

The criminal chamber of the Cour of cassation has rendered a decision on the offence of bankruptcy by fraudulent increase of debts. In this case, faced with the conviction of an executive who had not declared the company’s cessation of payments and had dismissed unpaid employees, the high court considered that the court of appeal had not established whether his actions were intended to defraud creditors. Consequently, The court annulled the decision of the Court of Appeal, as all the elements constituting the offence were not present (Cass. crim. January 26, 2022, n°21-81.822 F-D). > Read article

 

#Anti-Corruption: Submarines sold to Malaysia in 2002: Thales indicted as the investigation comes to an end

Thales, one of the most important French industrial groups in the defense sector, is contesting its indictment for active corruption in connection with a submarine sale to the Malaysian government in 2002. > Read article

 

Neo-banks, a loophole in the fight against money laundering

The UK financial regulator concluded in an April report that the method of attracting customers and providing services by some neo-banks poses a significant risk to financial security and regulatory compliance. More broadly, all European regulators are concerned about the use of identity verification technologies by these institutions and the means used to prevent illicit money from entering the financial system. > Read article

 

Free hearing and right of defense

In a decision issued by the European Court of Human Rights on April 28, 2022, the Court ruled that the free hearing procedure under previous French law is, in many respects, similar to a police custody procedure, so that the government must, under certain conditions, demonstrate compliance with the requirements of the right to a fair trial (ECHR, April 28, 2022, no. 83700, Wang v. France).> Read article

 

#European arrest warrant: Legal proceedings brought by the wanted person do not constitute force majeure preventing the execution of the arrest warrant

In a decision issued on April 28, 2022, the Court of Justice of the European Union ruled that force majeure preventing the execution of a European arrest warrant does not extend to legal actions brought by the wanted person, as these cannot be considered unforeseeable circumstances. Thus, in the absence of the surrender of the wanted person to the issuing State within the time limit set, the judicial authority shall not keep that person in detention (CJEU, 28 April 2022, C-804/21 PPU). > Read article

 

Aung San Suu Kyi sentenced to five more years in prison for corruption

Aung San Suu Kyi, the Nobel Peace Prize laureate and former leader of Burma, has been sentenced for corruption. The country’s authorities alleged that she received money and gold in exchange for political support for a regional leader. International observers consider the decision to be politically motivated. > Read article

Related content

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 Cadwalader, Wickersham & Taft LLP.
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 of an act of terrorism and the compensa...
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 for misappropriation of public f...
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 agreement concluded by the National an...
Press review
Week of 7 November 2022
14 November 2022
Press review – Week of 7 November 2022
In this press review, you will find clarifications from the Court of Cassation on the legality of an extradition of an EU national to another Member State, even in the ab...
Event
9 November 2022
Webinar: A comparative approach to professional secrecy and attorney-client privilege in criminal proceedings
Stéphane de Navacelle spokes at the Mondaq and Monfrini Bitton Klein webinar on "professional secrecy and attorney-client privilege in criminal proceedings".
Analysis
7 November 2022
The implementation of the cumulation of criminal and administrative penalties for tax infringements
While the principle of cumulating criminal and administrative penalties for tax infringement is well entrenched, its implementation is subject to conditions that must be ...
Press review
Week of 31 October 2022
4 November 2022
Press review – Week of 31 October 2022
In this press review, you will find details on the new methods adopted by the French national anti-terrorist prosecutor's office to investigate war crimes in Ukraine. In ...
Press review
Week of 24 October 2022
28 October 2022
Press review – Week of 24 October 2022
In this press review, there are several important events on the judicial level. Indeed, a judicial public interest agreement (“CJIP”) between Credit Suisse AG and th...
Press review
Week of 17 October 2022
21 October 2022
Press review – Week of 17 October 2022
In this press review you will find two significant events: (1) Lafarge pleads guilty in the United States for providing material aid to terrorist organizations, (2) the F...
Press review
Week of 10 October 2022
14 October 2022
Press review – Week of 10 October 2022
In this press review, you will find two important judicial events: An environmental CJIP has been concluded between Nestlé France and the Charleville-Mézières prosecut...
Analysis
12 October 2022
Discussions on secrecy in law enforcement proceedings and on AML/FT regulation
On October 5th, 2022, the annual conference of the AMF Enforcement Committee was held. During this event, members of regulatory authorities, magistrates, professors and a...