Droit pénal

eAlerts Récentes

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  11/11/2024

  United Kingdom

  Failure to prevent fraud offence: “reasonable procedures” guidance published and the countdown begins

  The UK’s Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) makes various changes in the law relating to economic and financial crime.The official Guidance on the new offence of “failure to prevent fraud” (the “Guidance”) has now been published. Companies which have not already put anti-fraud procedures in place now have under 10 months in which to do so.The Failure To Prevent Fraud OffenceIn summary:The new offence will come into force on 1 September 2025.The new offence will apply  to large organisations  to which at least two of the...

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  11/09/2024

  Suisse

  Swiss Federal Criminal Court rules a merger by absorption does not constitute a definitive impediment to a criminal proceeding against the transferring company

  On 19 August 2024, the Appeal Court of the Swiss Federal Criminal Court ruled on the question of whether, in the context of the merger by absorption between two banks, the criminal liability of the transferring company can be attributed to the acquiring company or whether the dissolution of the transferring company without liquidation constitutes a final procedural impediment.In its ruling, the Court recalled that procedural provisions that apply to natural persons are in principle applicable to legal persons, such as the presumption of innocence. No parallel between the death of an individual...

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  01/07/2024

  United Kingdom

  Countdown to UKCA compliance: changes in construction product marking

  It is time to prepare for changes in construction products, as there is only one year remaining until CE marking (which stands for Conformité Européenne) will no longer be recognised as the compliance mark for installations in Great Britain, and instead the UKCA marking (which stands for UK Conformity Assessment) will be needed. Construction product manufacturers, designers, importers and distributors that are supplying goods with the CE mark, should take steps to convert to the UKCA mark without delay, and as the compliance mark cannot be relied upon until the applicable standards...

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  21/06/2024

  Pologne

  Poland adopts new whistleblower protection law

  Poland’s parliament recently passed the Whistleblower Protection Act, implementing EU Directive 2019/1937 concerning the protection of whistleblowers. The law implements the key provisions of the Directive such as the obligation of a the employers to implement an internal whistleblowing system and to provide feedback and protection to the whistleblowers. The Polish law also contains local differences, which companies should be aware of.Who does the new law apply to?The law applies to companies from financial sector, anti-money laundering (AML) obliged entities and all other companies employing...

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  22/05/2024

  England and Wales

  Keeping the Wolf from the Door: Reducing the Black Market

  Ever since the Review of the Gambling Act 2005 commenced (and for some time before), the gambling industry has raised the spectre that enhanced measures to identify and protect those at risk from gambling harm will only serve to drive players to the black market.  The Gambling Commission initially seemed to regard the industry as crying wolf but, perhaps mindful that the boy in the parable was eventually eaten by the wolf, has started to take the industry’s pleas more seriously. In a speech delivered at a Westminster Media Forum on 13th May, the Commission’s Chief Executive,...

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  18/04/2024

  United Kingdom

  Transparency: ECCTA 2023 and Register of Overseas Entities update

  The Economic Crime and Corporate Transparency Act 2023 (ECCTA), which is aimed at tackling economic crime and preventing abuse of corporate structures in the UK, will not only fundamentally reform the administrative requirements for UK companies, limited liability partnerships and limited partnerships generally, but will also expand the requirements of the Register of Overseas Entities (ROE) regime for overseas entities holding or acquiring UK real estate.  The ROE is a register at Companies House which came into effect on 1 August 2022. Here are some FAQs providing information about...

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