Press review – Week of 25 April 2022

In this press review, you will find articles presenting the latest developments in criminal procedure, such as the liability of legal entities, specifically in the context of a merger-absorption, or in extradition rules. The review also analyses a recent illustration of the application of the ne bis in idem principle, made by the Court of Cassation, in the field of concealment. Finally, new developments are available in financial criminal law.

A global trend: The introduction of Deferred Prosecution Agreement regimes across the World

Stéphane de Navacelle participated at the International Law Section Annual Conference hosted by the American Bar Association to talk about jurisdictions across the globe that have been reforming their corporate criminal liability frameworks to introduce deferred prosecution agreements (DPAs). > Learn more

Searches at Deutsche Bank in a money laundering investigation

Germany’s largest bank has been raided at its premises on suspicion of money laundering of around €200 billion between 2015 and 2017. > Read article

Concealment cannot always be held against the perpetrator of the original offence

The Court of Cassation has once again had to consider the question of the accumulation of criminal qualifications in relation to handling stolen goods. It considers that the perpetrator of the original offence cannot be found guilty of handling stolen goods on the basis of the ne bis in idem principle (Cass. Crim., December 15, 2021, n° 21-81.864). > Read article

Respect for the principle of specialty: the extradition decision must be included in the file when the liberty and custody judge remands the case into custody

In a decision rendered on April 12, 2022, the Criminal Division of the Court of Cassation clarified that an individual handed over to France following an extradition procedure may only be prosecuted with a custodial sentence for the acts that motivated the request for an international arrest warrant, in accordance with Article 696-6 of the Code of Criminal Procedure (Cass. crim., 12 Apr. 2022, n° 22-80.284). > Read article

Merger-absorption concluded before November 25, 2020: the fraud of the law engages the criminal liability of the absorbing company

The Court of Cassation affirms that the absorbing company can be found guilty of the facts committed by the absorbed company in case of fraud, even if the facts were committed before the decision of November 25, 2020, which changed the practice (Cass. crim., April 13, 2022, n° 21-80.653). > Read article