Press review
1 July 2022

Press review – Week of 27 June 2022

In the press review you will discover the clarifications given by the Criminal Chamber of the French Court de cassation in different decisions, in the field of offences against probity, concerning the accumulation of offences of tax fraud and omission of accounting entries, as well as clarifications in the field of Criminal Labor Law. In addition, the review identifies a decision of the ECHR regarding the apology of terrorism and underlines the overturn of the Supreme Court of the United States decision regarding the right to abortion.

 

#Anti-corruption fight : Breach of probity: the imperative need to demonstrate the act of the public official’s function

The French Cour de Cassation recalls that in matters of passive corruption, judges must demonstrate that the public official has committed an act or omission in connection with his duties, carried out for the benefit of the company, in order for the offence to be characterized (Cass. crim., 25 May 2022, No. 21-83.437). > Read article

 

#Criminal tax lawCumulation of offences: the acts punishable by the offences of tax fraud by concealment and omission of entries in accounts are necessarily distinct

The French Cour de Cassation considers that the offenses of tax fraud by concealment and omission of accounting entries can be combined.. Indeed, as these two offences epress distinct facts, their combination does not violate the principle of ne bis in idem (Cass. crim., 22 June 2022, No. 21-83.360). > Read article

 

ECHR: Direct Action co-founder’s conviction for apology of terrorism deemed disproportionate

The ECHR condemns France for violation of the right to freedom of expression of an individual who has made a public apology for terrorism. The ECHR does not question the principle of the sanction imposed for complicity in public apology for acts of terrorism. However, it considers that the severity of the sanction imposed, namely a firm prison sentence, violates Article 10 of the ECHR (ECHR, 23 June 2022, Rouillan v. France, No. 28000/19).  > Read article

 

General nature of the information, training and safety obligations of Articles L. 4141-1 and L. 4141-52 of the Labour Code

The requirement for an employer to inform his employees of the risks to health and safety in the context of their work does not entail any particular duty of care and safety. Consequently, the absence of employee training cannot constitute a manifestly deliberate violation of a particular duty of care or safety imposed by law or regulation (Cass. crim., 21 June 2022, N° 21-85.691). > Read article

 

US Supreme Court challenges abortion rights

Shortly after the striking decision of the US Supreme Court affirming that it is up to the states to regulate the right to abortion, t is important to examine this ruling and its potential consequences. > Read article

 

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