Passive corruption (Article 432-11 of the French Criminal Code) is committed when a person exercising a public function takes advantage of their position by soliciting or accepting gifts, promises or benefits in return for performing or refraining from performing an act relating to their duties. This person is referred to as the bribe-taker.
Active corruption (Article 433-1 of the French Criminal Code) is committed when a natural or legal person obtains or attempts to obtain, through gifts, promises or benefits, from a person exercising a public function, the performance, delay or omission of an act relating to that person's duties, or an act facilitated by those duties. This person is referred to as the bribe-giver.
Although complementary, active and passive corruption are separate and autonomous offences, meaning that they may be prosecuted and tried separately.