'Criminal responsibility of legal persons' in document 'France - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER I
GENERAL PROVISIONS

ARTICLE 121-2
(Act no. 2000-647 of 10 July article 8 Official Journal of 11 July 2000)
(Act no. 2004-204 of 9 March 2004 article 54 Official Journal of 10 March 2004)

Legal persons, with the exception of the State, are criminally liable for the offences committed on their account by their organs or representatives, according to the distinctions set out in articles 121-4 and 121-7.

However, local public authorities and their associations incur criminal liability only for offences committed in the course of their activities which may be exercised through public service delegation conventions.

The criminal liability of legal persons does not exclude that of any natural persons who are perpetrators or accomplices to the same act, subject to the provisions of the fourth paragraph of article 121-3.

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE I
CRIMES AGAINST HUMANITY AND AGAINST PERSONS

SUBTITLE I
CRIMES AGAINST HUMANITY

CHAPTER III
COMMON PROVISIONS

ARTICLE 213-3

Legal persons may incur criminal liability for crimes against humanity pursuant to the conditions set out under article 121-2.

The penalties to be incurred by legal persons are :

1° the penalties enumerated under article 131-39 ;
2° confiscation of any or all of their assets.