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 the Financial Public Prosecutor was signed, the Cour de Cassation approved the decision of the trial judges to convict Greenpeace activists for unauthorized intrusion into a historical and cultural site, and the Conseil d’Etat referred questions concerning the constitutionality of provisions relating to professional secrecy of the Dupond-Moretti law of 22 December 2021 to the Constitutional Council. Finally, on the legislative front, on 26 October 2022, the Senate published recommendations on the fight against tax evasion and fraud, making an initial assessment of the provisions of the law of 23 October 2018.

AFA’s national diagnosis survey of anti-corruption systems in businesses

On 30 September 2022, the AFA published its second national diagnosis survey of anti-corruption systems in businesses. It shows a rather positive assessment of the progress made by businesses in terms of understanding and implementing anti-corruption measures. > Read analysis

The CNIL and recent cases on personal data protection

The French data protection authority, the CNIL, has recently imposed important sanctions against Google, Facebook and Amazon for violations of the provisions of the French Data Protection Act relating to the use of cookies. > Read analysis

#Banking and financial criminal law: **Conclusion of a public interest judicial agreement (“CJIP”) between Crédit Suisse AG and the French Financial Public Prosecutor.**

On 24 October, 2022, the President of the Paris Judicial Court approved the judicial public interest agreement (“CJIP”) concluded between Crédit Suisse AG and the French Financial Prosecutor, whereby the bank agrees to pay 238 million euros to the State Treasury. This agreement is the result of a preliminary investigation initiated in April 2016, triggered by charges of aggravated money laundering and illegal solicitation. > Read article

Banner for the climate deployed on the crane of the Notre-Dame construction site: condemnation of Greenpeace activists

In a decision of 12 October, 2022, the Cour de Cassation approved the decision of the trial judges to convict Greenpeace activists for unauthorized intrusion into a historical and cultural site. In this case, eight members of the organization entered the restoration site of the Cathedral of Notre-Dame de Paris and affixed a banner with the inscription “Climate, take action.” In this decision, the Court considers that this was not a disproportionate interference with the exercise of freedom of expression. > Read article

Fight against fraud and tax evasion: the recommendations of the Senate fact-finding mission

The information mission of the Senate Finance Committee has published on 26 October a report on the fight against tax fraud and evasion. The goal of this mission was to draw up an initial assessment of the provisions of the law of 23 October 2018 on the fight against fraud. In this report, it was concluded that there was a need to better quantitatively assess tax fraud and evasion in France as well as to strengthen the arsenal to fight these offenses. To this end, twenty recommendations are made in four main areas: strengthening the judicial response, improving the fight against VAT fraud, securing data access systems, and developing new tools to prevent abusive schemes at the international level. > Read article

Searches in attorneys’ offices: the QPC of the Paris Bar transmitted to the Constitutional Council.

The Dupond-Moretti law No. 2021-1729 of 22 December 2021 for confidence in the judicial institution introduced exceptions to counsel’s professional secrecy, which were strongly criticized by lawyers (Article 56-1-2 of the Code of Criminal Procedure). In its decision of 18 October 2022, the Council of State decided that the conformity with the Constitution of these articles should be referred to the Constitutional Council. > Read article