Combating Economic and Financial Offenses in France: A System Under Scrutiny

Overview of the Current System

The French authorities have developed a system to combat economic and financial offenses, which has both its advantages and disadvantages. This system aims to balance punishment with rehabilitation and encourage cooperation from large fraudulent companies.

Advantages of the Current System

• Alternative Measures to Criminal Prosecution: The French authorities have introduced alternative measures such as criminal composition and public interest judiciary agreement (CJIP), which offer a lesser penalty than that incurred if there was a trial. These alternatives allow for a more flexible approach to justice.
• Contractualization of Criminal Law: The use of CJIP and other alternative measures leads French law towards a contractualization of criminal law in economic and financial matters. This encourages large fraudulent companies to cooperate with the authorities, promoting accountability.

Disadvantages of the Current System

• A Sense of Impunity: Economic and financial offenses are often difficult to detect and prosecute, leading to a feeling of impunity in public opinion.
• Inadequate Penology: The penalties for economic and financial offenses have been aggravated by recent reforms, but the development of contractualization has resulted in weak punishment for offenders.

Conclusion

The current system is not always effective in combating economic and financial crimes. There is a need for improvement in both detection and prosecution to ensure that those responsible are held accountable and that justice is served.