Criminal liability of enterprises : “The review of Lafarge’s can and should be a turning point “

Forum. The comparison between the fate of the bosses, French, prosecuted for crimes, sometimes very serious, and that done to their foreign counterparts, can seem glaring. The justice of other countries did not hesitate for several years to pronounce prison sentences in respect of the CEO, in contrast to France, where, if not in a few files of spectacular personal wealth, investments in pre-trial detention or the imposition of a sentence closes still more rare.

In South Korea, the heir of Samsung was convicted in August 2017 five years in prison for corruption [sentenced to suspended sentences on appeal, Lee Jae-yong has been released in February]. In Brazil, Marcelo Odebrecht, a giant CONSTRUCTION company, was sentenced in march 2016 with more than nineteen years of imprisonment, [a penalty significantly lighter since].

In the United States, Oliver Schmidt, head of the department of regulatory compliance of Volkswagen in the United States until march 2015, after agreeing to plead guilty, has been sentenced to a penalty of seven years in prison in December 2017. In Germany, the boss of Audi, Rupert Stadler, has been incarcerated on the 18th of June for fraud and complicity of the false certificates in the framework of the ” dieselgate “.

A form of reverence, apprehension sometimes

It is not require French judges that they do the taste of the officers involved in the most serious cases, the leaves that are now 70 000 prisoners in France, that is to say, overcrowding unbearable and the conditions of detention were unanimously regarded as unworthy since several years.

But this does not prevent questions about a form of reverence, shyness sometimes, some French judges in the face of great captains of industry, even though they are suspected of having committed the most serious offences.

Certainly there had been a first movement with the call…

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