ARTICLE · 13 AUGUST 2024

Une Révolution Institutionnalisée : L'absorbante Est Pénalement Responsable De L'absorbée

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In its ruling of May 22, 2024, the French Supreme Court (Cour de cassation) established the principle of transfer of criminal liability for any legal entity with an economic activity, ...

FranceCriminal Law

Philippe Bouchez El Ghozi

In its ruling of May 22, 2024, the French Supreme Court (Cour de cassation) established the principle of transfer of criminal liability for any legal entity with an economic activity, thus moving away from its ruling restricted to public limited companies and abandoning the solution based on European law which had prevaile

Par un arrêt remarqué du 22 mai 2024, la chambre criminelle de la Cour de cassation décide d'étendre le transfert de responsabilité pénale de la société absorbée à la société absorbante à toute société dotée de la personnalité morale, peu important sa forme sociale dès lors qu'elle a une activité économique (Cass. crim., 24 avr. 2024, n° 22-83.373, F-D : JurisData n° 2024-005999 ; Dr. sociétés 2024, comm. 85, note R. Salomon).

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