Press review
3 June 2022

Press review – Week of 30 May 2022

In the press review you will discover recent jurisprudence in criminal procedure with clarifications on the scope of the professional secrecy between a lawyer and his client, on the notion of a prior simple complaint during an investigation, or on a recent application of the principle of incompatibility between the offences of origin and consequence in matters of concealment. You will also find some news in the field of criminal business law, with the admission of the guilt from Glencore in the United States, or with an article on the evolution of the traditional model of commercial companies with regard to environmental issues.

1.5 billion fine for Glencore for corruption and market manipulation

Glencore pleaded guilty to bribery charges and agreed to pay a $ 1.5 billion fine to the U.S Treasury after violating extraterritorial laws aimed at combating bribery of foreign public officials (FCPA). > Read article

Legality of search and seizure operations to seek evidence regarding antitrust practices

Attorney-client privilege applies only when the lawyer is defending his client. Consequently, the Court of Cassation notes that privilege only applies to exhibits which relate only to documents pertaining to the investigation and that the attorney-client privilege does not apply to exchanges between court appointed representatives as part of insolvency proceedings and a company in the context of an anti-trust investigation (Cass. crim., April 20, 2022, n° 20-87.248). > Read article

Criminal exposure related to the exploitation and use of digital legal databases containing court decisions

The lack of intellectual property rights allows free access to court decisions on digital databases such as “Legifrance”. Thus, no criminal offence can be found in the exploitation and use of a database containing court rulings, unless there is an infringement of a criminally protected interest. > Read article

Concrete analysis of the existence of a prior complaint

The Court of cassation considers that a simple prior compliant does not require any particular formalism, and that a letter addressed to the public prosecutor is sufficient to grant the right to file a civil party complaint (Cass. crim., April 21, 2022, n°21-82.877). > Read article

Restatement of the incompatibility between the original offence and unlawful possession of the property obtained as a result of the offense

In a case in point, the Court of cassation reaffirms that the perpetrator of the original offence cannot be guilty of concealment obtained as a result of the commission of the offense because it is a consequential offense (Cass. crim., April 13, 2022, n°19-84.831). > Read article

The proliferation of climate resolutions is accelerating the evolution of the traditional business model

The request of TotalEnergie’s shareholders to include climate change resolutions on the agenda of an annual shareholder meeting suggests that environmental awareness is gradually influencing the management of companies. > Read article

Related content

Press review
Press review
22 September 2023
Press review – Week of 18 September 2023
This week, the Navacelle press review looks back at the adoption of the eighth version of the European Administrative Cooperation...
Press review
press review
15 September 2023
Press review – Week of 11 September 2023
This week, the Navacelle press review looks back at the decision of a Brazilian Supreme Court judge to overturn the...
Press review
Press review
8 September 2023
Press review – Week of 4 September 2023
This week, the Navacelle press review discusses the guide published by the European Commission for EU operators on the best...
News
Bastille day newsletter 2023
14 July 2023
Bastille Day Newsletter 2023
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events...
Publication
Judicial public interest agreements (CJIP)
13 July 2023
[Infography] Focus on Judicial public interest agreements (CJIP)
Since its creation by the Sapin II law of 9 December 2016, the Judicial Public Interest Agreement (“Convention Judiciaire d’Intérêt...
Analysis
13 July 2023
The French Supreme Court confirms in its decision “La Chaufferie de La Défense” that the...
In a decision dated 9 November 2022, the criminal chamber of the French Supreme Court confirmed its case law on...
Analysis
13 July 2023
Clarification of the ne bis in idem principle under European Union law with regard to...
On 22 March 2023, the criminal division of the French Court of Cassation has issued a ruling by which it...
Analysis
13 July 2023
Review of the French National Financial Prosecutor’s Office activity
The French National Financial Prosecutor’s Office (“Parquet National Financier”) published its annual report of its activities for 2022, in which...
Press review
press review
7 July 2023
Press review – Week of 2 July 2023
The press review highlights the 209 million euros fine imposed on TechnipFMC, for acts of corruption in Africa in exchange...
Press review
Press review
30 June 2023
Press review – Week of 26 June 2023
This week's press review presents the decision by the Cour de cassation to initiate a review of the trial of...
Press review
Press review
23 June 2023
Press review – Week of 19 June 2023
This week's press review looks at the European Union's accession to the Istanbul Convention on combating domestic violence and violence...
Press review
press review
16 June 2023
Press review – Week of 12 June 2023
This week's press review covers a new proposed legislation that would allow law enforcement officers to activate at distance microphones...