Analysis
14 July 2020

The French Supreme Court confirms the importance of the French Financial Prosecutor’s Office in the fight against complex and international financial delinquency

Bastille Day Newsletter 2020 - 3-lines outline of some noteworthy events

 

On April 1, 2020, the Criminal division of the French Supreme Court (Cour de cassation) ruled that the French Financial Prosecutor’s Office (“PNF”) is competent to prosecute money laundering and misappropriation of public property offenses, even in cases where it does not have jurisdiction to prosecute the initial offense [1].

In the present case, an investigation was conducted by the PNF into the use by a former Russian minister and his wife of funds allegedly derived from the misappropriation of Russia’s public funds.

The investigation involved the seizure of a hotel located in France against which an appeal was lodged. The defendant challenged the PNF’s ratione materiae jurisdiction, before the criminal division of the Cour de Cassation, stating that the PNF was only created to ensure “”.

The Court recalled however, that the PNF was established to provide the French judicial organization with a highly specialized public prosecutor, whose jurisdiction would include the most complex cases of economic and financial delinquency. The PNF thereby has jurisdiction to prosecute complex facts, including, inter alia, cross-border cases, with multiple shell companies in countries deemed “tax havens”.

Related content

Event
4 March 2025
Paris Arbitration Week 2025 – Red Flags in Arbitration: Trends and Tools for Addressing Corruption
Navacelle is hosting a panel regarding Compliance & Arbitration on 8 April 2025, during the Paris Arbitration Week (PAW).
Publication
15 November 2024
Practitioner’s Guide to Global Investigations (2025) – GIR
NAVACELLE co-author of the ninth edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Publication
13 September 2024
Cross-country insights: Addressing Corruption Allegations in Arbitration Disputes
This guide aims at providing a comprehensive understanding of how different countries handle allegations of corruption in the course of...
Press review
16 May 2025
Press review – Week of 12 May 2025
This week’s press review covers German Chancellor Friedrich Merz's call to abandon the European directive on corporate due diligence, amid...
Press review
9 May 2025
Press review – Week of 5 May 2025
This week’s press review covers the resignation of François Commeinhes from his position as mayor of Sète, following his final...
Press review
2 May 2025
Press review – Week of 28 April 2025
This week’s press review covers the requisitions made against François Fillon in the fictitious employment case following a cassation ruling,...
Press review
25 April 2025
Press review – Week of 21 April 2025
This week’s press review covers the release of Prince Paul of Romania by French authorities, despite a European arrest warrant...
Press review
18 April 2025
Press review – Week of 14 April 2025
This week’s press review covers the extension of the investigation into Eric Garandeau for illegal taking of interest in the...
Event
13 April 2025
[Webinar] Supporting economic players in meeting the challenges of compliance – RIFAV
Stéphane de Navacelle and Julie Zorrilla took part in the International Network of Women Lawyers (RIFAV) - Africa training course...
Press review
11 April 2025
Press review – Week of 7 April 2025
This week’s press review covers the European Parliament's vote to postpone the application of the CSRD to certain companies, as...
Press review
4 April 2025
Press review – Week of 31 March 2025
This week’s press review covers the 150 million euro fine imposed by the French Competition Authority on several subsidiaries of...
Press review
28 March 2025
Press review – Week of 24 March 2025
This week’s press review covers the summoning of Élysée Secretary General Alexis Kohler to a Senate committee of inquiry into...
Press review
21 March 2025
Press review – Week of 17 March 2025
This week’s press review covers the lawsuit filed by two NGOs against Carrefour for failing to exercise due diligence in...
Press review
14 March 2025
Press review – Week of 10 March 2025
This week’s press review covers the conviction of the Swiss bank UBS for moral harassment against whistleblowers, as well as...
Press review
7 March 2025
Press review – Week of 3 March 2025
This week’s press review covers an independent commission of enquiry set up by Betharram religious congregation, the Court of justice...