Business and Justice Info

Impact of changing the definition of the crime of taking illegal interest of an elected

“The proposed legislation to reform the field of prosecution of the illegal taking of interests of local politicians, filed by Senator Saugey and adopted on first reading in the Senate, seeks to exclude the crime of taking illegal interest of an elected local in the absence of personal enrichment. The aim of the amendment to Article 432-12 of the Penal Code, to delete any reference to the concept of personal interest.

Currently, “the fact of a person holding public authority or a public service mission or by a person holding an elective public office, take, receive or retain, directly or indirectly, any interest in a company or in a transaction which it has at the time of the act, in whole or part, responsible for providing oversight, administration, liquidation or payment, is punishable by 5 years imprisonment and 75,000 euro fine.
This provision penalizes especially the fact or to award a contract position to a person of his entourage or knowledge, thereby override the public interest, personal interests (family, emotional, political, etc.) Read the rest of this entry »