Extract
[...] The employee may indeed want to keep, in order to defend himself in the lawsuit that may be brought against his employer, the documents of the company. This solution was first accepted by the social chamber of the Court of Cassation on the condition that the production before the judge is strictly necessary for the exercise of the employee's defense rights and that the employee has knowledge of these documents in the exercise of his functions (Cass. soc Dec n° 96-44.258) and subsequently confirmed by the criminal chamber ( [...]
[...] Finally, by stealing and using it, he behaved as the owner of the thing. It would seem that Bertrand committed a theft against the company. Theft consisting of borrowing a car for a period of time from its owner and then returning it constitutes a theft of use. This definition results from a ruling of principle by the criminal chamber of the Court of Cassation, which considered that ' if it is true that penal law does not affect the person who, without the owner's authorization, uses the thing of another even abusively, there is theft on the contrary when the seizure takes place in circumstances such that it reveals the intention to behave, even momentarily, as the owner" (Cass. [...]
[...] In this case, Bertrand has indeed passed himself off as a mailman by going to the residents' homes and selling them the mailman's calendars. Under these conditions, he has indeed made use of a false quality to the detriment of third parties to hand over funds. He thus risks up to five years in prison and a fine of ?375,000. Commentary on the judgment: Cass crim May 2015, n° 14-81.336 Introduction + detailed plan In this case, an individual gained access to the extranet system of the National Agency for Food, Environmental and Occupational Health Safety following a technical failure. [...]
[...] The public prosecutor therefore appealed the decision before the Court of Appeal of Paris who, by a ruling 5 February 2014, rejected its requests e"no acknowledging that he had indeed accessed the automated data system, but that this entry was due to a technical flaw in the system's certificates. Also, the offense was not, in her opinion, characterized. However, she maintained the accusations of fraudulent retention and theft. The defendant had appealed to the Court of Cassation. Can the subtle extraction of computer data via free access to an automated data processing system constitute theft? [...]
[...] The subtraction of another's thing Theft implies, secondly, the subtraction of another's thing. For the record, the secrecy of correspondence is provided for by the provisions of Article 9 of the Civil Code under the title of respect for private life (Cass. Soc 3oct n°17-28448). If the messages are not personally titled, they are presumed to be professional and freely accessible by the employer who can, in particular, consult the email history even in the absence of the employee ( [...]
