Ministry of Justice presents new criminal measures in international corruption - International Law Office

Introduction
Recent legislative changes
System of detection and awareness
Orientation of criminal policy in international corruption


Introduction

In light of its next evaluation by the Organisation for Economic Cooperation and Development working group on corruption, the Ministry of Justice drafted a circular on February 9 2012 in order to:

• underline new criminal measures;
• emphasise the current framework on detection;
• raise awareness of international corruption; and
• set out criminal policy objectives in the field.

Recent legislative changes

The circular lists the latest important legislative innovations, particularly in fighting international corruption:

• Law 2007-598 (November 13 2007) gives the Paris First Instance Court a concurrent jurisdiction with other territorially competent courts for all acts of corruption and influence peddling. The circular specifies that "the most convenient skill level in regards to the considered facts has to be determined by a mutual agreement between the local public prosecutor and the public prosecutor of Paris".
• Law 2011-1862 (December 13 2011) extends the scope of the plea-bargaining procedure to offences punishable by a 10-year prison sentence. Plea bargaining will therefore apply to offences of bribing foreign public officials.(1) It is recommended to limit the application of plea bargaining to "the simplest files in which the pact of corruption constitutes an isolated event, except for recurring commercial practices of the company involved".

System of detection and awareness

In order to fight corruption effectively, the circular states that every state employee who acquires knowledge of a crime or an offence in the course of exercising his or her duties must immediately inform the public prosecutor and must transmit all information and reports connected to their knowledge of the offence to the competent judge.(2)

The same obligation applies to statutory auditors.(3) Unlike state employees, a breach of this obligation by statutory auditors constitutes a criminal offence punishable by a five-year prison term and a fine of €75,000.

Orientation of criminal policy in international corruption

The circular recommends severe and dissuasive penalties (ie, high fines and additional punishments, such as exclusion from procurement contracts) for every legal person convicted of bribing foreign public officials. Additionally, as specified by recent case law,(4) the commencement of the limitation period in which a case must be brought only starts to run from the time that the allegations of corruption and hidden breaches of trust were discovered.

For further information on this topic please contact Philippe Blaquier-Cirelli at DLA Piper by telephone (+33 01 40 15 24 84), fax (+33 01 40 15 24 03) or email (philippe.blaquiercirelli@dlapiper.com).

Endnotes

(1) Article 435-1 and 435-3 of the Criminal Code.

(2) Article 40(2) of the Criminal Procedure Code.

(3) Article L823-12 of the Commercial Code.

(4) Criminal Chamber of the Court of Cassation, May 6 2009.