{"id":1508,"date":"2024-06-04T13:07:06","date_gmt":"2024-06-04T11:07:06","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2024\/06\/04\/le-blanchiment-d-argent-copy\/"},"modified":"2024-07-03T11:38:37","modified_gmt":"2024-07-03T09:38:37","slug":"la-corruption","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2024\/06\/04\/la-corruption\/","title":{"rendered":"Corruption"},"content":{"rendered":"
<\/span>\"\"
\n

Corruption<\/h1>\n<\/div><\/div>\n\n\n\n

<\/p>\n\n\n\n


Passive corruption<\/span> (Article 432-11 of the French Criminal Code<\/a>) 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.<\/p>\n\n\n\n

Active corruption<\/span> (Article 433-1 of the French Criminal Code<\/a>) 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.<\/p>\n\n\n\n

Although complementary, active and passive corruption are separate and autonomous offences, meaning that they may be prosecuted and tried separately.<\/p>\n\n\n\n

    \n
  1. The material element of the offence of corruption<\/strong><\/li>\n<\/ol>\n\n\n\n

    The status of the bribe-taker<\/span><\/p>\n\n\n\n

    The bribe-taker may be a person vested with public authority, a person entrusted with a public service mission, or a person holding elected public office. Specific legal regimes apply to the corruption of judicial personnel and to the corruption of foreign public officials.<\/p>\n\n\n\n

    The status of the bribe-giver<\/span><\/p>\n\n\n\n

    The bribe-giver may be any third party, whether a natural or legal person.<\/p>\n\n\n\n

    Conduct constituting corruption<\/span><\/p>\n\n\n\n

    Corruption consists of soliciting\/offering (i.e. making a request or an offer of a benefit, either directly or through an intermediary) or accepting\/yielding to such a request or offer. This agreement constitutes the corrupt agreement.<\/p>\n\n\n\n

    The proposal may consist of an offer, promise, gift, present or benefit of any kind. This is interpreted broadly and may include direct benefits (goods in kind, sums of money, work performed free of charge, the granting of a loan, etc.) or indirect benefits (hiring a relative, settling a debt, etc.).<\/p>\n\n\n\n

    There must be a causal link between the benefits offered or accepted and the actions or omissions expected in return: the corrupt conduct must have the specific purpose of obtaining certain acts from the bribe-taker.<\/p>\n\n\n\n

    However, corruption is a formal offence, meaning that the actual outcome is irrelevant. From the bribe-giver's perspective, it does not matter whether the corrupt proposal is accepted; merely making the proposal is sufficient to constitute the offence. From the bribe-taker's perspective, once the corrupt proposal has been accepted, it does not matter whether the acts subsequently performed by the public official prove to be ineffective or serve no purpose.<\/p>\n\n\n\n

      \n
    1. The intentional element of the offence of corruption<\/strong><\/li>\n<\/ol>\n\n\n\n

      The perpetrator must intend to carry out the material element of the offence and pursue a specific objective, namely:<\/p>\n\n\n\n