Anti-Corruption Compliance Measures: 1st Sanction Commission Decision and CJIP Guidelines

In line with our previous Points Cardinals on the subject of anti-corruption measures, we draw your attention to two novelties (see the hypertext links below).

Judicial Convention of Public Interest (CJIP)

The AFA and the Financial Prosecutor have recently put online the guidelines on the implementation of the judicial convention of public interest, which allows a legal person prosecuted for corruption to avoid the heavy penalties that a criminal court can impose. (after years of procedure). Proposed by the Public Prosecutor's Office but which may be suggested by the company concerned, it does not imply recognition of guilt, and does not lead to exclusion from French or even international public contracts.

The guidelines detail its implementation, and insist on the behavior expected from society, which is very different from the defense-resistance usually deployed in France in criminal matters: self-denunciation, cooperation, internal investigation, spontaneous implementation of a program of compliance, etc.

1st decision of the Sanctions Committee

On July 10, the first decision of the AFA Sanctions Committee was published (dated July 4). Seized by the director of the AFA for an injunction for a company to adapt its compliance procedures, the commission issued neither an injunction nor a pecuniary sanction against the company, noting that, on the date on which it ruled, none of the shortcomings invoked by the director had been noted by it.

The company had in fact implemented a long process of improving and fine-tuning its corruption risk mapping after the AFA inspection.

This decision therefore confirms that the commission assesses the reality of the breaches at the time it rules.

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