Criminal Liability of Companies and Managers

Extract

[...] Major: Pursuant to Article 121-2 of the Penal Code, a legal entity may be prosecuted for penal facts committed on its behalf by its managers or employees. Minor: The accident causing the death of a worker may then lead to the company's liability for endangering others or involuntary manslaughter. In fact, there was manifest negligence on the part of the employer in terms of safety as well as Messrs. LIEGEON and BRECHET. Conclusion: The company faces a fine for endangering others. Its penal liability, as a legal entity, is engaged. [...]

[...] Problem: What is the responsibility of the manager? Major: The general responsibility of the company manager is provided by Article 4741-1 of the Labour Code. The endangerment of others is sanctioned by Article 223-1 of the Penal Code. Minor: In this case, the aforementioned article of the Labour Code imposes on the company manager a safety obligation. It cannot be transferred or delegated in its entirety. Even if the manager has entrusted the management of safety to two employees, he cannot be relieved of his responsibility. [...]

[...] Problem: What penal responsibility can the company, a legal entity, incur? Major: Article 121-2 of the Penal Code provides that legal entities are criminally responsible for infractions committed, on their behalf, by their organs or representatives. Minor: According to the aforementioned article, a legal entity can be held criminally responsible for acts committed on its behalf by its organs or representatives. In this case, the company, through its manager Pierre, could be prosecuted for endangering its employees and for the infringement of the safety rules applicable to its activity. [...]

[...] II- The responsibility of Messrs. LIEGEON and BRECHET Facts: Messrs. LIEGEON and BRECHET were entrusted with the safety of personnel by the manager. Yet, a fatal accident occurred. Problématique: Are Messrs. LIEGEON and BRECHET criminally responsible? Major: The endangerment of others is sanctioned by Article 223-1 of the Penal Code. Minor: The two employees were in charge of the safety of workers, which implies that they should have ensured the implementation of appropriate safety equipment (helmets, in this case). If the deceased worker did not have a helmet, it is because they failed to fulfill their obligations. [...]

[...] No aggravating circumstance or any cause of penal irresponsibility applies here. II- The case of Antoine, worker Facts: Antoine, a worker, often tired on the job and therefore negligent, accidentally knocked over a corrosive chemical product on the floor, which spilled onto the feet of his colleague, Franck. He was burned to the second degree due to inadequate protection. Problématique: What is the penal responsibility of Antoine? Major: Article 223-1 of the Penal Code provides for the offense of endangering others. [...]