Press review – Week of 20 June 2022

In the press review you will discover the new article of the French criminal code harmonizing the repression of “prise illégale d'intérêt”, a major clarification on the determination of the penalty for recidivism, as well as other clarifications in criminal procedure regarding the absence of control by a sitting judge for the request of connection data in flagrant investigations. At the international level, the review also focuses on the Czech government probity allegations, which will soon occupy the presidency of the European Union.

The French duty of care in the context of its Europe-wide application (in French)

On February 23, the European Commission unveiled its proposal for a Directive on the Duty of Vigilance, which aims to promote sustainable and responsible behavior by companies along global value chains. > Read article

#White collar crime : Rewriting of article 432-12 of the French criminal Code: finally harmonization

The law for confidence in the judiciary has rewritten the article 423-12 of the French criminal Code and introduced an article 432-12-1 in the same Code to harmonize the approach to conflicts of interest. > Read article

Recidivism: clarification on the sentencing of the offence serving as the first term

When a person who has already been definitively convicted of a crime or misdemeanor punishable by ten years of imprisonment commits another crime or misdemeanor within a period of ten years from the expiration or prescription of the sentence, the maximum sentence is doubled. However, the personal aggravating circumstance of recidivism cannot be taken into consideration to determine the sentence for the offence, only the sentence imposed by the provision punishing the offence should be retained (Cass. crim., June 15, 2022, No. 21-83.409). > Read article

The assisted witness must be able to contest the investigating judge’s refusal to declare the public prosecution statute of limitations

The Constitutional Council has ruled that the lack of possibility for the witness to challenge the statute of limitations on public action is contrary to the Constitution (Cons. Cons., Decision No. 2022-999 QPC of June 17, 2022). >Read article

Requisition of connection data without prior control by a judge: conformity with the Constitution

The Constitutional Council has ruled that the limited duration of flagrant investigations implies that the requisition from third parties of connection data without the prior authorization of a judge is constitutional (Cons. Cons., Decision No. 2022-993 QPC of May 20, 2022). > Read article

#Corruption : Czech power tainted by corruption just before taking office at the European Union

In the run-up to the Czech Republic’s upcoming presidency of the Council of the European Union, several corruption scandals have erupted within the current government. Links to criminal organizations, involvement in rigged tenders and misappropriation of public funds have led to the resignation of members of the government and to criminal prosecutions.” Read the article. > Read article

#Corruption : Guidance on internal anti-bribery and corruption investigations

Highlight of the first-ever guidelines issued by the French authorities on internal anti-corruption investigations by Ropes & Gray LLP and our partner Stéphane de Navacelle. > Read article