Extract
[...] On the scene, even false clues had been left to mislead the investigators. For the penal judge, the justifying fact of the command of the legitimate authority does not play here because the gendarme was aware that the order was 'manifestly illegal' (Crim Oct n° 03-81.763). In this case, it seems evident that the order was illegal and had no connection to any police investigation and that it was a personal act of revenge. Therefore, this justifying fact cannot play because the order was manifestly illegal, the police officer should have refused, Cédric therefore incurs the aggravated penalty mentioned. [...]
[...] A/Coauthor or accomplice? The coauthor of an offense is the individual who, acting with one or more others, commits the offense in all its elements, or attempts to commit it. In coaction, each person has personally committed the different constitutive elements of the offense. Complicity refers to the situation in which an individual does not directly participate in the commission of the offense but indirectly participates by facilitating or provoking it. The accomplice, who can be analyzed as an 'accessory participant', must still be penalized. [...]
[...] So she faces ?750,000 x5 for legal entities, so ?3,750,000. There is no justifying potential in this case. [...]
[...] B/For the brewery Legal Element : Article 313-1 of the Penal Code : Fraud is the act, either by . the use of fraudulent schemes, to deceive a person and thus, to their detriment, to hand over funds, values or to consent to an act that operates an obligation or discharge. Material element Simple false allegations cannot, in themselves, and in the absence of any other circumstance, constitute fraudulent schemes (Crim July 1960, Bull. Crim. n°382). If simple lies are insufficient, it is not the same when these lies are joined by facts that have the object of giving them force and credit (Crim July 1968 Bull. [...]
[...] 1)Moral Author The moral author of an offense, also called \"intellectual author\", is the individual who causes the offense to be committed by someone else. The moral author did not participate in the commission of the offense, but it is he who is behind the offense, it is he who "pulls the strings". In general, the moral author is not assimilated to the main author since he does not commit the offense materially. However, sometimes, jurisprudence assimilates the moral author to the author of the offense when he exercises a real influence on the facts. [...]
