Press review
10 June 2022

Press review – Week of 6 June 2022

In the press review of June 06 to 10, 2022, you will discover recent case law in the field of criminal labor law, breach of probity and criminal procedure. The review also reviews international legal developments with an article on the application of US economic sanctions to the cryptocurrency industry, or through an IERDJ analysis of human resources management within the judiciary in France, Belgium and Sweden.

 

Hidden work: the last findings of the criminal chamber in the field of detached work

In a case of undeclared work, the French Court of Cassation clarifies the obligation to use a sworn interpreter, as well as the impact of the participation of the Dirrecte in criminal proceedings (Cass. crim., May 17, 2022, No. 21-85.246). > Read article

 

The “pantouflage” offence in the departmental council: illustration of a local executive function

The French Court of Cassation considers that the vice-president of a departmental council is a person in charge of a local executive function. Thus, this person can be found guilty of the offence of “pantouflage” (Cass. crim., May 11, 2022, No. 20-87.121). > Read article

 

The application of US sanctions to the cryptocurrency industry

In the context of the Ukraine conflict, the U.S. Department of Justice has implemented a system of economic sanctions which also applies to crypto-asset operators who fail to comply with financial regulations. > Read article

 

Delays in justice: 22 years later, the Air France work council case is cancelled for “unreasonable delay”

Similarly to the decision of the “defense boiler rooms”, the correctional court of Bobigny has cancelled a procedure concerning alleged fraud because of the unreasonable delay of justice. > Read article

 

Criminal liability and domestic security law: circular presenting the provisions relating to the lack of criminal responsibility and the use of psychoactive substances

After the repercussion of the Halimi case, the Ministry of Justice clarifies the relationship between the defendant’s lack of criminal responsibility and the consumption of psychoactive substances (Circ. n°JUSD2214206C, May 12, 2022). > Read article

 

Environmental offenses may be prosecuted longer in criminal court

The French Court of Cassation considers that if the perpetrator of an environmental offence conceals waste, in conditions contrary to the Environmental Code, then the statute of limitations runs from the day of discovery of this waste (Cass. crim., April 12, 2022, No. 21-83.696). > Read article

 

The cat, the mouse and the judge

The Court of Justice of the European Union declares that a person can be tried or sentenced in absentia if it is impossible to locate him. Nevertheless, this person has the right to demand the reopening of the trial in order for the judges to rule on the merits in his presence, provided that he has not voluntarily withdrawn from the proceeding (CJUE, 19 May 2022, aff. C-569/20). > Read article

 

Justice: the failure of human resources in the judiciary system

With regard to the numerous events and issues related to the justice budget in France, the IERDJ examines the management of human resources in the judicial system and provides a comparison with Belgium and Sweden. > Read article

 

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