នីតិព្រហ្មទណ្ឌពិសេស
source: http://lexinter.net/JF/droit_penal.htm
Criminal offenses
Crimes and Misdemeanors
The special criminal law consists of rules that determine the specific rules violations.
CRIMES AGAINST HUMANITY
CHAPTER I: From Genocide
Article 211-1
Genocide is a fact, in pursuance of a concerted plan aimed at the total or partial destruction of a national, ethnical, racial or religious group, or a particular group from any other arbitrary criterion, to commit or to be committed against members of this group, one of the following:
- willful attack on life
- causing serious bodily or psychic
- submission to the conditions of life calculated to bring about the total or partial destruction of the group
- measures to prevent births;
- forcibly transferring children.
Genocide is punished by life imprisonment.
The first two paragraphs of article 132-23 governing the period of safety are applicable to the crime under this section.
Extortion
Extortion is one of the crimes against property . Extortion is a crime which is a violent form of misappropriation of property of others.
Extortion is defined by the Article 312-1 of the Penal Code as the act of obtaining by violence, threats of violence or coercion is a signature, a commitment or a waiver, or the revelation of a secret or delivery funds, securities or other property.
The conditions of extortion
the leverage
The penal code punishes the use of any coercion on the person and intended violence, threats of violence and coercion.
The pressure is assessed in concrete , ie according to age and physical condition and intellectual person on whom it is exercised. (See Cass. Crim. June 15, 1987 threatened use of a remedy can not impress a businessman)
the purpose
The aim should be one of the three services referred to in Article 312-1
obtaining a signature, a commitment or a waiver,
the revelation of a secret
receipt of funds, securities or other property.
Extortion may tend either to perform a positive act is to obtain the failure of a person. The damage can be not only financial but also moral.
the mens rea
The intention is “to achieve consciousness by force, violence or coercion, which could not be obtained by a voluntary agreement” (Cass crim. January 9, 1991)
PUNISHMENT
Penalties are provided for in articles 312-2 to 312-9
Simple extortion
Extortion is punished by seven years imprisonment and a fine of € 100,000.
Aggravating and penalties
Extortion is punished by ten years of imprisonment and fine of € 150,000:
1 º When preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for eight days;
2 ° where it is committed to the prejudice of a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or state of pregnancy, is apparent or known to the author ;
3 º When committed because of membership or non-membership, true or supposed, of the victim to an ethnic group, nation, race or religion, or sexual orientation, real or supposed .
Extortion with violence against others
Extortion is punished by fifteen years’ imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for more than eight days.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under these provisions
Extortion is punished by twenty years’ imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing mutilation or permanent disability.
The first two paragraphs of Article 132 – 23 on the safety period are applicable to the offense under these provisions
Extortion with a weapon
Extortion is punished by thirty years’ imprisonment and 150,000 euros fine if committed or with use or threatened use of a weapon or by a person carrying a weapon requiring a license or whose port is prohibited.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under these provisions
Extortion gang
Extortion by an organized group is punishable by twenty years’ imprisonment and 150,000 euros fine.
She is punished by thirty years’ imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence on other persons causing mutilation or permanent disability.
She is punished by life imprisonment when committed either with the use or threat of a weapon or by a person carrying a weapon requiring a license or whose port is prohibited.
The first two paragraphs of article 132-23 governing the safety period are applicable to offenses under these provisions
Anyone who has tried to commit extortion by organized gangs under article 312-6 is exempted from punishment if, having informed the judicial or administrative authority, it has prevented the realization of the offense and to identify, where appropriate, other perpetrators or accomplices.
The custodial sentence incurred by the perpetrator or accomplice to extortion by organized gangs is halved if, having warned the administrative or judicial authority, it has to stop the offense or to prevent the offense resulting in loss of life or permanent disability and identify, if any, other perpetrators or accomplices. When the penalty is life imprisonment, it is reduced to twenty years imprisonment. extortion accompanied by violence, torture or acts of barbarism
Extortion is punished by life imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by either violence resulting in death or torture or barbaric acts.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.
Extortion followed by violence
Provides, under Articles 312-2, 312-3, 312-4, 312-6 and 312-7, followed by extortion extortion violence following violence which were committed to facilitate the escape or to ensure the impunity of a perpetrator or accomplice.
Attempted extortion
The attempt is punished the same penalties.
FLIGHT
The flight is part of crimes against property . The flight is a violent form of misappropriation of property of others.
Theft and aggravated theft
Articles 311-1 to 311-1 of the Penal Code
Theft is defined in Article 311-1 of the Penal Code as “ the fraudulent removal of property of another ”
Theft
Theft is punishable by three years imprisonment and a fine of € 45,000.
Aggravated robbery
Theft is punished by five years imprisonment and a fine of € 75,000:
1 ° where it is committed by several persons acting as perpetrators or accomplices, but they are an organized group;
2 ° where committed by a person holding public authority or discharging a public service mission, in the course of or in connection with the exercise of his functions or mission;
3 ° where it is committed by a person unlawfully assuming the quality of a person holding public authority or discharging a public service mission;
4 ° where it is preceded, accompanied or followed by violence against others did not result in a total incapacity to work ;
5 ° where it is facilitated by the state of a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or state of pregnancy, is apparent or known of its author;
6 ° where it is committed in a dwelling or place used or intended for the storage of funds, securities, goods or materials, in entering the premises by stealth, tampering or climbing;
7 º When it is committed in a vehicle used for passenger transportation or a place for access to a means of passenger transportation;
8 ° where it is preceded, accompanied or followed by an act of destruction, degradation or deterioration;
9 ° where it is committed because of membership or non-membership, true or supposed, of the victim to an ethnic group, nation, race or religion, or sexual orientation, real or assumed.
The penalty is increased to seven years imprisonment and a fine of 100,000 euros when the theft occurs in two circumstances provided for in this article. They are increased to ten years imprisonment and fine of € 150,000 when the theft is committed in three of these circumstances.
Flight with the help of minor
Theft is punished by seven years imprisonment and a 100,000 euros fine if committed by an adult with the help of one or more minors, acting as perpetrators or accomplices.
The penalty is increased to ten years imprisonment and fine of € 150,000 when the key is assisted by one or more minors under the age of thirteen.
Theft is punished by seven years imprisonment and a fine of € 100,000 when it is preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for eight days.
Robbery with violence upon other persons causing a total incapacity to work more than eight days
Theft is punished by ten years imprisonment and a fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for more than eight days.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.
Robbery with violence causing mutilation or permanent disability
Theft is punished by fifteen years’ imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing mutilation or permanent disability.
The first two paragraphs of article 132-23 on the safety period are applicable to the offense under this section.
Robbery with use or threatened use of a weapon or by a person carrying a weapon
Theft is punished by twenty years’ imprisonment and fine of € 150,000 when it is done with use or threatened use of a weapon, or by a person carrying a weapon requiring a license or whose port is prohibited.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section. Flight in an organized
Theft by an organized group is punishable by fifteen years in prison and 150,000 euro fine.
He is punished by twenty years’ imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence against others .
He is punished by thirty years’ imprisonment and fine of € 150,000 when it is done with use or threatened use of a weapon or by a person carrying a weapon requiring a license or whose port is prohibited . The first two paragraphs of article 132-23 governing the safety period are applicable to offenses under this section. Anyone who has tried to commit theft by an organized group is exempt from punishment if, having informed the administrative or judicial authority, it has prevented the completion of the offense and the identification, if any, other perpetrators or accomplices. The custodial sentence incurred by the perpetrator or accomplice in a robbery gang is halved if, having warned the administrative or judicial authority, it has to end the infringement under way or to prevent the offense resulting in loss of life or permanent disability and identify where appropriate, other perpetrators or accomplices. Robbery resulting in death or accompanied by torture or acts of barbarity
Theft is punished by life imprisonment and fine of € 150,000 when it is preceded, accompanied or followed either by violence resulting in death or torture or barbaric acts.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.
Constitutes theft followed by violence, theft, following which the violence was committed to facilitate the escape or to ensure the impunity of a perpetrator or accomplice.
VOL does not give rise to criminal proceedings
Under the terms of Article 311-12
shall not give rise to criminal theft by a person:
1 ° to the prejudice of his influence or his descendant,
2 ° to the prejudice of his spouse, unless the spouses are legally separated or allowed to live separately.
The provisions of this section do not apply when the flight is on objects or documents necessary for the daily life of the victim, such as identity documents, relating to residence or residence of a stranger, or means of payment.
ATTEMPTED THEFT
The attempted theft is punished to the same penalties as theft
SCAM
The scam is one of the crimes against property . The scam is a clever form of misappropriation of property of others.
The scam is defined by the Article 313-1 of the Penal Code as is, or by the use of a false name or false capacity or by the abuse of real quality, either by use of fraudulent, misleading an individual or legal entity and thus determine, to his prejudice or injury of a third party to deliver funds, securities or any property, to provide a service or make a active duty or discharge action.
CONDITIONS
The scam is to obtain the return of the thing by fraud.
PUNISHMENT
The fraud is punishable by five years imprisonment and a 375,000 euros fine. ( Article 313-1 )
Aggravating
The penalty is increased to seven years in prison and 750,000 euro fine when the fraud is carried out:
1 ° by a person holding public authority or discharging a public service mission, in the exercise or connection with the exercise of his functions or mission;
2 ° by a person unlawfully assuming the quality of a person holding public authority or discharging a public service mission;
3 ° by a person who appeal to the public for the issuance of securities or to raise funds for humanitarian and social support;
4 ° to the prejudice of a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or state of pregnancy, is apparent or known to the author.
The penalty is increased to ten years imprisonment and 1 million euros fine when the fraud is committed an organized gang.
scams
The attempted fraud is subject to the same penalties as the scam
Fraud does not result in prosecution
The provisions of Article 311-12 shall apply to the crime of fraud.
Related offenses of fraud
Knavery
Diddle the neighbor is a crime of fraud . The swindle is defined by article 313-5 of the Penal Code as made by a person who can be absolutely unable to pay or who is determined not to pay:
1 º to be served drinks or food in an establishment selling drinks or food;
2 º to be allocated effectively and occupy one or more rooms in an establishment renting rooms, when the occupation did not exceed ten days,
3 º to be served or fuel lubricants which it forms part or all of the tanks of a vehicle by professional distribution;
4 º to be transported by taxi or car space.
The swindle is punishable by six months imprisonment and 7500 euros for fine.
BREACH OF TRUST
Breach of trust
The abuse of trust is a form of misappropriation of another’s property by embezzlement. It is an offense that is traditionally described as a means of protecting property and contractual good faith, the protective function of Trust has become the main function of the breach of trust.
The breach of trust is defined by the Article 314-1 of the Penal Code as made by a person to turn to the prejudice of others, funds, securities or any property that has been submitted and it has accepted to make them dependent, to represent them or to make a specific use.
In breach of trust the perpetrator appropriates an object that was presented to him without using fraudulent means as in the scam . The thing was given to him and he did not release as in the flight . The abuse of trust is the violence of faith contract. The criminal law will step in to criminalize the violation of contractual obligations under the civil law, of commercial law or consumer law .
CONDITIONS FOR BREACH OF TRUST
The prerequisite for breach of trust is the return of the thing under a contract detention precarious. The components are voluntary diversion to the owner.
The contract
A contract must exist by which something is given to a person, charge for it to make a specific use. The trial judge enjoys sovereign (except distortion) the nature of the contract. The invalidity or illegality of the contract does not preclude the existence of the crime. The contract must be proved by the methods of proof in civil law or commercial law.
The Penal Code enumerates addition, as the former Criminal Code, contracts that can start a lawsuit. The contract must include an obligation to return the thing that has been entrusted or into a specific use. This is the deposit , the lease, the lease , the term, the loan for use, the pledge.
If the contract does not imply obligation to return, but to transfer ownership, such as sales , there can be breach of trust.
The thing
The discount can lead to breach of trust relates to funds, securities or property of any kind. This excludes buildings breach of trust may apply only to funds, securities, or any property, other than a building, …the Court of Appeal, which repressed the abuse a property under the guise of non return of keys to access it, disregarded the meaning and scope of this text ( Cass. crim. October 10, 2001 ). The thing must have a substantive content which excludes services.
This might be a document, a customer file, a credit card, or just the credit card number ( the defendant has knowingly, diverted the number of the credit card provided by the client only for the payment of the order and, thereby, has not made use agreed between the parties, the Court of Appeal characterized in its entirety, both material and deliberate, the crime of abuse of trust she found the accused guilty) ( Cass. crim. November 14, 2000 ) , etc..
The return of the thing
Without replacement there is no breach of trust, but the amount may be made directly or through a third party.
The discount must be voluntary and be right precarious. ” The breach of trust may apply only to funds, securities or given to a precarious ”(Cass crim. September 19, 2007)
THE INGREDIENTS
The components are the diversion, the harm and intent
The diversion
Diversion, material element of the offense
Diversion is the material element of the offense. It is made ” as soon as the owner of the thing entrusted not to exercise his rights over her, as a result of the fraudulent act of one who held it . “ (Cass crim. June 12, 1978).
The mere fact of the diversion characterizes the breach of trust without the necessity of formal notice. The diversion is sufficient even if the accused did not appropriate the thing or did not draw personal profit (Cass crim. May 10, 1989).
The consistency of the diversion
The diversion may consist of any act or omission. It follows a restitution or unjust detention. It can also result from use of it for purposes other than those that had been stipulated, to abuse and misuse of assignment.
The offer of any refund or compensation can not be invoked.
Evidence of diversion
The only problem with restitution is not sufficient evidence of breach of trust. The existence of an act of abuse must be proven.
The injury
Article 314-1 refers to an embezzlement committed “ to the detriment of others . “ The injury results from the mere fact that the owner is deprived of its rights in the thing (Cas. crim. May 15, 1968, April 9, 1973).It can be material or moral, or potential (Cas. crim. January 3, 1979)
The intention
The fraudulent intent is required due to the use of the term “ diversion “ . The results for the awareness of the precariousness of detention arising from the obligation to return and the consciousness of future harm (Cass crim. 1993 withdrawal from the bank for its financial support).
Regarding the element of intent include the following decisions
the intentional element of the offense resulting knowledge [...] the precarious situation of his company and he made deliberate use of the funds received in payment of tickets and that there had been owner, for purposes other than repayment of the civil Cass. crim. October 24, 2001
PENALTIES
The embezzlement is punishable by three years in prison and 375,000 euro fine.
Aggravating
The penalty is increased to seven years in prison and 750,000 euro fine when the breach of trust is made:
1 ° by a person who uses the public to obtain delivery of money or value either on his own account or as an officer or servant of law or fact of an industrial or commercial
2 ° by any other person who, as usual, engages or assists, even ancillary operations on the property third parties on whose behalf it collects funds or securities;
3 ° to the prejudice of an association that uses the public to raise funds for humanitarian and social support;
4 ° to the prejudice of a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or state of pregnancy, is apparent or known to the author.
The penalty is increased to ten years imprisonment and a fine of € 1500000 when the breach of trust is achieved by a judicial officer or a public or ministerial officer in the execution or in the course of the performance of his duties or because of its quality.
Breach of trust does not result in prosecution
The provisions of article 311-12 are applicable to the offense of breach of trust.
Jurisprudence
Abus_de_confiance_et_titres_dématerialisés
Breach of trust and societies
Commits the offense of breach of trust that which diverts funds from a partnership of which he is the manager Cass. crim. April 10, 1992
Related Offences
GAGE misuse of
misappropriation of seized objects
FRAUDULENT ORGANISATION OF INSOLVENCY
MISUSE OF GAGE
The diversion of pledge is a form of misappropriation of property of others by hijacking neighbor that is an offense of breach of trust.
MISUSE OF GAGE
The diversion of security is defined by the Article 314-5 of the penal code as is, for a debtor, borrower or third party making the assignment, to destroy or deflect the object consists pledge
Diversion of lien and penalties
It is punishable by three years in prison and 375,000 euro fine.
Attempted hijacking of pledge
The attempted hijacking of lien shall incur the same penalties as the diversion of pledge
Misappropriation of seized objects
Misappropriation of seized objectsMisappropriation of seized thing is is a form of misappropriation of property of others by hijacking neighbor that is an offense of breach of trust.
Misappropriation of seized object is defined by the Article 314-6 of the Penal Code as fact by the debtor, to destroy or deflect an object grasped in his hands as security for the rights of a creditor in his custody or that of third
Misappropriation of seized and penalties
Misappropriation of seized thing is punished by three years imprisonment and 375,000 euros fine.
Attempted hijacking of seized thing
The attempted hijacking of the thing seized is subject to the same penalties as the diversion of seized thing
ORGANIZATION OF FRAUDULENT INSOLVENCY
The organization of fraudulent insolvency is defined in Article 314-7 of the penal code as is, by a debtor, even before any judicial decision establishing the debt, organize or aggravate its insolvency or by increasing the liabilities or reducing assets of his estate, either by reducing or concealing all or part of its revenues or by concealing some of its assets in order to avoid the execution of a sentence imposed by a financial nature a criminal court or in tort, delict or quasi food, delivered by a civil court,The organization of fraudulent insolvency. Is a form of misappropriation of property of others by hijacking neighbor that is an offense of breach of trust.
is punished by three years imprisonment and a fine of 45,000 euros
Commits the same offense the leader of law or fact of a legal person who organizes or aggravates the insolvency of the latter under the conditions defined in the preceding paragraph in order to avoid the financial obligations resulting from a conviction criminal, tort or quasi-delict.
The court may decide that the person convicted as an accomplice to the offense defined in Article 314-7 shall severally, within the limits of funds or the market value of assets received free of charge or against payment, the financial obligations resulting from sentenced to execution in which the offender wanted to avoid.
When the conviction of a financial nature was made by a criminal court, the court may decide that the sentence he utters do not confuse with one that was previously issued.
The requirement of public action begins to run on the sentence for the execution of which the debtor sought to avoid, but it does run on the last act with the purpose of organizing or increasing the debtor’s insolvency when the last act is subsequent to that conviction.
judicial decisions and judicially approved agreements with obligation to pay benefits, subsidies or contributions towards the expenses of marriage shall be treated as convictions for the payment of food.
DAMAGE TO COMPUTER SYSTEMS
INTRUSION AND DAMAGE TO COMPUTER SYSTEMS
Damage to a computer system is punishable as an achievement against the property.
Intrusion or maintaining a computer system
The article 323-1 of the Penal Code punishes “ the act of accessing or remain fraudulently, in all or part of a system of automated data processing ”
The intrusion or maintaining a computer system is punishable by two years imprisonment and a fine of € 30,000. Where these have either deleting or changing data in the system or an alteration of the functioning of this system, the penalty is three years imprisonment and a fine of € 45,000. ( Article 323-1)
Obstacle to the functioning of the computer system
The fact hinder or distort the functioning of a system of automated data processing is punishable by five years imprisonment and a fine of € 75,000. (Article 323 -2)
Fraudulent introduction of data
The fact fraudulent introduction of data into an automated processing system or to remove or modify fraudulently the data it contains is punishable by five years imprisonment and a fine of € 75,000. Article 323-3
Offences committed in groups
Participation in a group formed or association established with a view to the preparation, characterized by one or more material, one or more offenses under articles 323-1 to 323-3 is punished by the penalties for the offense itself or for the offense the most severe punishment. ( Article 323-4)
Additional penalties for individuals
Natural persons convicted of offenses under this chapter also incur the following additional penalties:
1 ° prohibition, for a period of five years, civil rights, civil and family, under the terms of section 131 – 26,
2 ° prohibition, for a period of five years, to hold public office or to exercise the professional or social activity in the exercise of which or in connection with which the offense been committed;
3 ° confiscation of the thing that was used or intended to commit the offense or the thing which is the product, with the exception of articles subject to restitution;
4 ° The closure, for a period of five years, institutions or one or more establishments of the enterprise used to commit the offense;
5 ° The exclusion for a period of five years at most, Procurement,
6 The ban, for a period of five years, to issue checks other than those allowing the withdrawal of funds by the drawer from the drawee or those certified;
7 ° public display or dissemination of the decision pronounced as provided by section 131-35. ( Article 323-5 )
Corporate liability
Legal persons may incur criminal liability, as provided by Article 121-2, the offenses defined in this chapter.
The penalties incurred by legal persons are:
1 ° a fine, in the manner prescribed by the Section 131-38,
2 ° the penalties referred to in Article 131-39.
The prohibition mentioned in 2 ° of article 131-39 applies to the activity in the course of or in connection with the performance which the offense was committed.( Article 323-6 )
Attempt
Attempt to commit these offenses is punishable in the same ( Article 323-7 )
Automated processing system
is a system a hard disk (Court of Appeal of Douai, October 7, 1992)
a radiotelephone (Court of Appeal of Paris, 18 November 1992)
Credit card network (Comp. horn. Paris, February 25, 2000)
MONEY
Order No. 2009-104 of 30 January 2009 on the prevention of the use of the financial system for money laundering and terrorist financing
The order of January 30, 2009 on the prevention of the financial system for money laundering and terrorist financing transposes the third Money Laundering Directive of 26 October 2005
Act No. 2001-240 of 15 May 2001 NRE AND MONEY ; Obligations Money, Monetary and Financial Code,
Decree No. 2010-69 of 18 January 2010 establishing a steering committee of the fight against money laundering and terrorist financing
Decree No. 2010-9 of January 6, 2010 made for the purposes of the order of 30 January 2009 on the prevention of the financial system for money laundering and terrorist financing to companies of voluntary sales, auctioneers court, bailiffs, notaries, lawyers and lawyers Council of State and the Court of Cassation
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PENAL CODE (Legislative Part) |
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CHAPTER I: False |
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The forgery in a document issued by a government for the right to see an identity or status or to grant permission is punishable by five years imprisonment and a 75,000 euro fine. |
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Attempted offenses under Articles 441-1, 441-2 and 441-4 to 441-8 is subject to the same penalties. |
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Natural persons convicted of offenses under this chapter also incur the following penalties: |
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| Legal persons may incur criminal liability, as provided by Article 121-2, the offenses defined in this chapter. The penalties incurred by legal persons are: 1 ° a fine, in the manner prescribed by the Section 131-38, 2 ° the penalties referred to in Article 131-39. The prohibition mentioned in 2 ° of article 131-39 applies to the activity in the course of or in connection with the performance which the offense was committed. |
Affect the privilege
The breach of confidentiality
Article 226-13 Penal Code
The revelation of a secret information by a person who is the depositary or by state or profession, or because of a function or a temporary mission, is punished by one year in prison and 15,000 euros fine.
Article 226-14
Article 226-13 shall not apply in cases where the law requires or permits the revelation of the secret. In addition, it is not applicable:
1 ° A person who informs the judicial, administrative or medical hardships or abuse, including the case of damage or genital mutilation, which he has knowledge and which were imposed on a minor or a person who is unable to protect themselves because of their age or physical or mental incapacity;
2 ° The doctor, with the consent of the victim, shall inform the prosecutor abuse or deprivation he observed, the physical or mental, in the exercise of his profession and which it may be presumed that physical, sexual or psychological of all kinds were made. When the victim is a minor or a person who is unable to protect themselves because of their age or physical or mental incapacity, the agreement is not required;
3 ° For health professionals or social action that inform the prefect and in Paris, the Prefect of Police of dangerousness to themselves or others of those who consult them and they know they hold a weapon or have indicated their intention to acquire one.
Reporting to the competent authorities carried out in accordance with this section shall not be subject to any disciplinary action.
Banking secrecy
Article L 531-34 of the Monetary and Financial Code Companies established in France and are part of a financial group or a mixed group or financial conglomerate which owned credit institutions or investment firms having their registered office in a Member State of the European Community or State Party to the Agreement on the European Economic Area or in a state where applicable agreements referred to in Article L. 613-13 shall, notwithstanding anything to the contrary, to transmit to the same group of companies headquartered in one of these states:
1 º Information about their financial situation necessary for the organization of the consolidated supervision and the supplementary supervision of credit institutions or investment firms;
2 º The information needed to organize the fight against money laundering and against financing of terrorism.
The latter information may be disclosed to persons outside group, with the exception of the competent authorities of the States in the first paragraph. This exception does not extend to the authorities of countries or territories whose legislation is recognized as insufficient or whose practices are considered an obstacle to the fight against money laundering or terrorist financing by the international body for consultation and coordination in the fight against money laundering which the list is updated by order of the Minister of Economy.
Individuals receiving this information is bound by professional secrecy in the manner and subject to the penalties mentioned in article L. 511-33, for further information or documents they would then be brought to receive or hold.
The provisions of this Article shall not preclude the application of Law No. 78-17 of 6 January 1978 relating to data , files and freedoms.
បញ្ចេញមតិ
មតិ (1)