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LexInter | November 22, 2006 | 0 Comments

CRIMINAL LIABILITY

Obligation for a person to answer for his unlawful acts on the basis of the penal sanctions provided for by law. The basic principle of criminal liability is expressed by article 121-1 of the Penal Code

No one is criminally liable except for his own doing.

Criminal liability punishes a prohibited act (contravention, misdemeanor or felony). If the infringement has also resulted in damage, civil liability is also incurred.

Penal sanctions (fines, …) are not insurable. On the other hand, defense costs can be covered: this is legal protection.

Criminal liability for others

Obligation for a person to answer for the unlawful acts of others before the criminal courts. Criminal liability for others is excluded by French law according to the principle of the personality of sentences ( Article 121-1 of the Penal Code ”  No one is criminally responsible except for his own act .”)

Criminal liability of legal persons

“Legal persons, excluding the State, are criminally liable, according to the distinctions in Articles 121-4 to 121-7 and in the cases provided for by law or regulation, for offenses committed on their behalf, by their organs or representatives. “ ( Article 121-2 of the Penal Code)

Criminal liability of the entrepreneur

Liability provided for by the labor code for various offenses for which the head of the company is responsible because of his quality.

article L 263-2 and article L 263 -2-1

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