Press review
8 April 2022

Press review – Week of 4 April 2022

In this press review, you will find articles on the lessons learned from the laws of 21 March 2022 on the protection of whistleblowers and the role of the Human Rights Defender, as well as details on the qualification of privileged information in the case of rumors and journalistic work. Moreover, the review mentions the entry into force of the French Penitentiary Code on 1 May 2022. Finally, the review addresses some technical points regarding criminal liability in the case of a single scene of violence.

 

#Compliance: Protection of whistleblowers and the role of the Human Rights Defender: the findings of the laws of 21 March 2022

The laws transposing the European directive aimed at improving the status of whistleblowers and reinforcing the role of the Human Rights Defender were promulgated after the Constitutional Council decided that these two new laws were in conformity with the Constitution (Cons. constit., Decision No. 2022-839 DC of March 17, 2022; Decision No. 2022-838 DC of March 17, 2022). > Read article

 

Salaries blocked, transfers impossible, loans refused: Russian nationals denounce the zeal of some French banks

Since the beginning of the conflict between Russia and Ukraine, and the adoption of economic sanctions against Russia by major international organizations, several Russian nationals living in France have seen their relations with their banks become more complicated, under the guise of compliance by the latter with their regulatory obligations.> Read article

 

Privileged information, rumor and journalistic work

The Court of Justice of the European Union has had the opportunity to revisit the concept of inside information in order to clarify the conditions under which the disclosure of such information by a journalist to one of his usual sources of information is carried out for journalistic purposes and therefore lawful, within the meaning of the European regulation on market abuse. > Read article

 

Conformity with the Constitution of the technique of referral after cassation

The Constitutional Council was called upon to rule on the conformity of article 609 of the Code of Criminal Procedure. This article provides that when the Court of Cassation annuls a judgment, it must refer the trial and the parties to a court of law of the same order as the one that rendered the annulled decision. In this case, the Council affirmed that this article was in conformity with the Constitution because the Court of Cassation is not required to review the judgments rendered (Cons. constit., April 1, 2022, n° 2022-985 QPC). > Read article

 

TJ and Assize Courts: designation of the intelligence services known as the “second circle” authorized to receive and solicit information

The adoption of a decree on March 23, 2022, establishes a list of intelligence services that have the competence to receive and request information from the Judicial Courts and Assize Courts. > Read article

 

Criminal liability and single scene of violence

In the case of a single scene of intentional violence with the intention to kill the victim, the judges assess the fraudulent behavior as a whole. The Court of Cassation considers that the judges do not have to specify the nature of the violence (Crim. 23 March 2022, n° 21-82.958). > Read article

 

Evry: the court prepares for the Brétigny trial 

Almost ten years later, justice is about to put an end to the famous Brétigny affair in which the SNCF and one of its employees are accused of manslaughter and involuntary injury. This trial is described as unusual, because of the facilities needed to accommodate the very large number of civil parties present at the hearing. > Read article

 

The Penitentiary Code is published  

After a process initiated in 2015, the Penitentiary Code will enter into force on 1 May 2022. The legislator’s objective is to make the provisions relating to sentences more accessible and readable. > Read article

 

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