SANCTIONS AGAINST INDIVIDUALS FOR VIOLATIONS OF ANTI-BRIBERY LAWS AND SAFEGUARDS FOR EMPLOYEES
Within a context of greater anti-bribery enforcement activity, more comprehensive anti-corruption legislation, growing financial pressures and expanding markets, the impacts of bribery are increasing and wide reaching for companies. Such impacts include exposing the company to hefty fines, reputational damage and potentially debilitating legal action. Adverse consequences concern not only the business itself, but also the employees who can be subject to convictions, fines and prison sentences.
The current provisions of the French Penal Code cover an intricate and wide array of offences regarding corrupt activities of businesses and individuals. Fines and prison sentences vary for each specific offence, for example 10 years imprisonment and a €1m fine for active bribery of a public agent. Fines are quintupled for legal persons under article 131-38 of the French Penal Code. The Loi Sapin 2, the French anti-corruption law, introduced the notion of influence peddling to be distinguished from a bribery offence.
The latter implies the improper use of authority associated with one’s function, while the former infers the improper use of one’s actual or alleged influence, for instance to influence an official to do or not to do something. Both provisions provide for an identical maximum sentence and the juridical outcome may differ depending on the individual’s actions.
Jul-Sep 2021 Issue
Dana Ghandour