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Corporate Liability and Compliance Programs in France

Abstract : This chapter describes the present situation concerning corporate criminal liability for acts of corruption in France, and especially the role of corporate anti-bribery rules within the French criminal system. It shows that although France does not now present a very welcoming prospect for the acknowledgment of the “doctrine” and correlative techniques of compliance within its criminal justice system, this does not entirely rule out the existence of possible relationships in the future. Although still rather limited and uncertain, it is possible to observe a tendency in France towards addressing corporate organizational failure more closely, and designing a more direct or autonomous system for corporate criminal liability. These could turn out to be first steps towards the positive acknowledgment of compliance programs. Parallel to this, another path could be taken, which consists of taking the avatars of corporate social responsibility (CSR) seriously, and using CSR as a tool against corporate practices that are inconsistent with it. Combined with the multiplication of incentives favoring compliance, these developments could also hasten their acknowledgment within the French criminal justice system.
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Submitted on : Monday, March 26, 2018 - 2:14:26 PM
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Juliette Tricot. Corporate Liability and Compliance Programs in France. Stefano Manacorda; Francesco Centonze; Gabrio Forti. The "Anti-Bribery Compliance Model". New International Approaches in Preventing and Fighting Corruption, Springer, pp. 477-490, 2014, 978-3-319-04479-8. ⟨10.1007/978-3-319-04480-4_23⟩. ⟨hal-01743446⟩



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