It is often ignored there in France, in application of article 768-1 of the Code of criminal procedure, a national record of legal persons. As for individuals, bulletin No. 1 of the criminal record is issued only to the judicial authorities and includes all convictions become final for a crime or a tort. He also mentions the contraventions of the 5th class and those of the 4th class when they are accompanied by a prohibition of disqualification, disability or any restrictive measure of law. Finally include the convictions by foreign jurisdictions having received a notice to the French authorities under a treaty or international agreement.
The criminal records of legal persons also has a bulletin No. 2, which is issued to the prefects as well as certain exhaustively listed jurisdictions. It must be noted that, as for natural persons, the court conviction of a society may decide, office or at the request of the defence, to provide the conviction of a mention in the Newsletter No. 2. If such an application was not submitted or if it was rejected, a motion for the purpose of rehabilitation of the convictions brought to the No. 2 bulletin can also be made after the expiry of a period of six months of the sentence has become final, and then every six months for refusal. The rehabilitation of a conviction in bulletin No. 2 can be very important in that it extends to any disqualifications, prohibitions or disabilities that would have been pronounced as a supplementary penalty, society.
However, be anecdotal, the mention of legal persons for criminal convictions is a major challenge for companies, because of the risk of recidivism. Indeed, article 132-12 of the Penal Code provides that, where a legal person has already been convicted, so that it is in a State of recidivism in new offence, the rate of the fine incurred is no longer only of five times the applicable to natural persons, but the tenfold of the punishment. In addition, the legal person in a State of recidivism is liable of stronger penalties further, such as the exclusion of public procurement for a period of at least five years, the publication of the decision, the prohibition to issue cheques or to make public savings.
The risk is all the more serious that the period during which the legal person is deemed to be in a State of recidivism is ten years, while he was only five years for individuals. This severity is paradoxical, given the possibilities of conviction that the generalization of criminal liability imposes on businesses.
Moreover, the France and the Germany are the source of an initiative launched at the Franco-German summit of the ElysÃ©e of 22 January 2003, in which the Spain and the Belgium quickly were associated with providing electronic networking of their respective criminal records. This device, operational since March 31, 2006, enables the exchange of criminal information by electronic communication of the records of the States bound by this agreement. The Luxembourg and Czech Republic have joined this device, which will gradually extend to all Member States. Term, there will not be a central registry forming a European criminal record, but an Exchange mandatory and automatic of criminal information relating to physical and legal persons. Thus, gradually, French judicial authority which intends to apply to the national criminal record the record of convictions recorded for a national or company of a State third member of the European Union receive, in addition to the passage from his French criminal, criminal history of the survey in his country of birth as well as where appropriate, in other countries.
However, conviction French law does not expressly that one que l'on en Ã©tat de rÃ©cidive du la Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse en Ã©tat de rÃ©cidive du la Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse in a State of recidivism from du la Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse la la Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse to the Ã l' expressÃ©ment que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse expressÃ©ment that l'on que l'on Ãªtre du Or d' la prÃ©cÃ©dente l' pas l'on puisse be du gold of la previous d' la prÃ©cÃ©dente l' pas l'on puisse l' pas l'on puisse l' pas l'on puisse l' pas l'on to Thus, although this is controversial, the repressive French judge having knowledge of a foreign conviction could consider that the company in question is in a State of recidivism and enforce sentences incurred as a result, a delicate situation for holdings for example.
It is said that the particulars contained in the criminal records of legal persons should not be happen, that the possibilities of rehabilitation of the particulars of the bulletin No. 2. In any case, it is more that never important for companies of all to implement to avoid the commission of an offence. A fortiori of several.