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

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