Analysis
16 September 2021

The French DPA (“Convention judiciaire d’intérêt public”) on the way to simplification

On 4 August 2021, a new Decree was promulgated aiming to simplify formalities required for the conclusion of the CJIP between Public Prosecutors Office and the legal person concerned.

 

Since the Sapin II law on transparency, fighting corruption and modernisation of the economy published on 10 December 2016, the Judicial Public Interest Agreement (hereinafter CJIP) is an alternative to prosecution offered by a French Public Prosecutor to a legal entity targeted by criminal inquiries or investigations regarding a limited type of offenses which allows the latter to enter into an agreement and avoid criminal charges in exchange of a fine and the implementation of a compliance program[1].

Initially, it was intended to apply to a certain number of offenses such as corruption and influence peddling. However, since 2016, two additional laws[2] and a decree[3] had extended the scope of application of the CJIP to a certain number of tax and environmental offenses.

Yet, on 4 August 2021 and after some years of practice, a new Decree[4] was promulgated aiming to simplify the formalities required for the conclusion of the CJIP between the Public Prosecutor’s Office and the legal person concerned.

The previous procedural framework made it mandatory for the French Public Prosecutor to address the offer of a CJIP via a registered letter with acknowledgement of receipt[5] and to grant the legal entity with a time frame for its consideration. The legal representatives of the legal entity then had to inform the Public Prosecutor of the acceptance or refusal of the CJIP by letter or through a statement made by the latter to the Public Prosecutor, who would draw up a formal report [6].

The 2021 Decree repeals all of the above and instead provides that “the offer for a CJIP is signed by the public prosecutor and, if accepted, by the representatives or lawyers of the legal entity”[7]. In that sense, the Decree implements the rights for the legal entity to be assisted by a counsel[8].

In the same vein, the obligation to pay the fine provided for in the CJIP with a certified cheque no longer applies [9].

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...