Complicity in Swindling and Illegal Medical Practice: French Court of Cassation Rulings Analysis
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Court Cassation, Criminal Chamber, complicity, swindling, illegal practice medicine, notary, medical equipment, laser hair removal, Criminal Code, Code Criminal Procedure
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Abstract
Unlock the nuances of complicity law with landmark judgments from the French Court of Cassation. Discover how the Criminal Chamber's rulings on October 25, 2023 (n°22-81.880) and September 13, 2016 (n°15-85.046) set precedents for complicity in swindling and illegal medical practice. Understand the critical elements that constitute complicity, including the role of intent, awareness, and positive acts in facilitating criminal offenses. Explore how these decisions impact notaries, medical professionals, and individuals, providing clarity on the legal obligations and potential liabilities in complex cases. Dive into the details of these significant court decisions to gain insights into the characterization of complicity and its implications for legal practitioners and those affected by such rulings.
Extract
[...] It is under the provisions of Articles 121-7 of the Criminal Code and 593 of the Code of Criminal Procedure and after having taken up the elements developed by the Court of Appeal that the Criminal Chamber of the Court of Cassation ruled on the 25 October 2023. It replied to the question in the negative. It judged that, the notary, having regularized, by lack of vigilance a fraudulent sale deed, could not be qualified as complicit in the swindling inasmuch as he did not aid by positive acts the commission of the offense. III. Cass. [...]
[...] A collision between this vehicle and the vehicle of the victims occurred. Following a judgment rendered in the first instance, an appeal was lodged. The Rennes Court of Appeal ruled with a confirmatory judgment. According to it, the driver is guilty of deliberately endangering others, while the passenger is an accomplice to the same offense. It reproaches the driver for having deliberately crossed the traffic light in a densely populated area. This crossing exposed the priority users of the intersection to an immediate risk of death or serious injury. [...]
[...] They also reproach the driver for having acted on the injunction of the passenger who was in the back of the vehicle and therefore did not have visibility on the road. The question that arises in this case is the following: Can the judges of fact consider that there is a crime of complicity for a fault of non-intentional character? To this question, the criminal chamber of the Court of Cassation replied in the affirmative. It rejected the appeal by taking over the elements developed by the court of appeal, which had 'characterized in all their constituent elements the offenses reproached'. [...]
[...] The manager of the company as well as the notary were prosecuted for swindling to the detriment of the bank. While the criminal court acquitted them, the public prosecutor appealed this decision. The Court of Appeal found the notary guilty of complicity in the crime of swindling insofar as he contributed to the swindling by authorizing, in particular, the release of the funds from the bank loan of 800,000 euros obtained fraudulently. He thus enabled the sale of the property to be finalized. [...]
[...] Crim 13 September 2016, n°15-85.046 The judgment rendered by the Criminal Chamber of the Court of Cassation on 13 September 2016 concerns the contours of the complicity in the illegal practice of medicine. In this case, following a laser hair removal session dated 25 March 2011, a client presented with skin burns and mucous membranes. Thus, the centre whose activity was "the operation of medical equipment and and aesthetic paramedical equipment, in particular related to the use of intense pulsed light and laser light", the manager of the company as well as the doctor and medical officer were prosecuted for complicity in the illegal practice of medicine. [...]
