Press review
27 May 2022

Press review – Week of 23 May 2022

In this press review you will find the latest criminal justice news, including an AMF activity report, a cooperation protocol signed with TRACFIN's intelligence unit, as well as an update on the CJIP's use since 2016. You will also find recent case law related to investigations and French authorities' jurisdiction.

 

#White collar crime: The drifts of the French deffered prosecution agreement mechanism

A critical review of the French deffered prosecution agreement by Sherpa association. > Read article

 

French Market Authority annual report: progress report on the #Supervision2022 strategy

The French Market Authority published its annual report for 2021 which suggests a number of areas for improvement such as emphasizing on sustainable investments and strengthening the European regulatory framework. > Read article

 

Signature of a new cooperation protocol between TRACFIN and the French Market Authority

The French Market Authority and TRACFIN anti-money laundering intelligence unit have signed a cooperation agreement to improve traceability and information exchange between the two entities. > Read article

 

From garbage containers to street surveillance, preliminary investigation is compatible with privacy

Regular, but not continuous, street surveillance in order to take pictures as part of a preliminary investigation, and seize a document in a garbage bag placed in a collective container, does not constitute an infringement of the right to privacy (Cass. crim., April 6, 2022, n° 21-84.092). > Read article

 

Agrasc reviews its reforms and requests additional ones

On the occasion of Agrasc’s 10th anniversary, whose mission is to seize property in criminal matters, the public institution requested recommendations to improve civil parties compensation and increase the number of sales by removing, for example, the obstacle related to the suspensive nature of the appeal procedure. > Read article

 

Territorial application of French criminal law in case of indivisible facts

In this case, the French Supreme Court reaffirmed that French authorities are competent in case of indivisble facts committed on French territory, even if the offence was committed abroad by a foreigner (Cass. crim., April 12, 2022, n° 22-80.632). > Read article

 

Marseille: a 60,000 euro fine for sulfur pollution

An environmental French deferred prosecution agreement was signed and validated between the judicial authority and a company operating within the Marseille basin following the use of a fuel that did not comply with the legislation regarding its sulfur content. > Read article

 

Éric Dupond-Moretti maintained at the Chancellery with a conditional stay

Lawyer Éric Dupond-Moretti is again appointed Minister of Justice within Elisabeth Borne’s government. > Read article

 

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