Financial Prosecution Office in France

Ovidiu-Horia Maican ()
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Ovidiu-Horia Maican: Faculty of Law, Bucharest University of Economic Studies

Review of Law and Social Studies, 2024, vol. 1, issue 1, 64-78

Abstract: The fight against corrupted practices, especially as regards foreign agents, has been the focus of renewed international efforts especially since the signature and ratification of the OECD convention in 1997 and the United Nations convention in 2003. In the last decade, the French landscape and legal framework in the fight against corruption have significantly changed, in an effort to improve its capacity to detect, deter, prevent and sanction corruption in both the private and public spheres. The penal code defines crimes and misdemeanors as “integrity violations†in public activities.It includes bribery (the act of asking or receiving a favor from a public official in exchange for an act performed within the scope of his public duties), extortion (the fact that a public official can receive income from taxes or public contributions), embezzlement or misappropriation of funds (using by the public official of public funds, for a purpose other than the intended one) - illicit appropriation of interests or prise illégale d'interêts (the fact that a public official obtains advantages in a company or operation over which he exercises direction, direction or control) and favoritism (the fact that a public official grants a favor in violation of public procurement regulations). The French anticorruption and fraud strategy has been updated to promote integrity and prevent corruption, with two important legal rules. First is the law on transparency in public life (11 October 2013). The law reaffirms the principles of dignity, integrity and impartiality which apply to public officials (first and foremost the elective executive authorities) as well as civil servants. To prevent conflicts of interest, it creates a general obligation to report and actively avoid conflicts of interest. In addition, members of government (executive power) and elected officials such as deputies or mayors must complete public declarations of assets and interests (including in the context of extra-professional activities). The law creates a protection mechanism for “whistleblowers†. The second is the law relating to transparency, the fight against corruption and the modernization of the economy (December 9, 2016). It is created by the “French AntiCorruption Authority (AFA)†, a new administrative unit for the prevention and detection of corruption. The law also creates a new offense of active bribery of a foreign public official. In the private sector, it broadens the approach to sanctioning economic delinquency by defining new faults for a company (compliance obligation).

Keywords: France; corruption; Financial Prosecution Office; cooperation. (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2024
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