Financial Crime World

Protecting Whistleblowers in France: Obligations and Rights

As a public official or a citizen with knowledge of wrongdoing, it is essential to understand your obligations and rights when reporting crimes or misdemeanors. This article provides an overview of the key points related to whistleblowing in France.

Reporting Crimes or Misdemeanors

Obligations for Public Officials

When a public official becomes aware of a crime or misdemeanor while performing their duties, they must:

  • Report it without delay to the General Prosecutor
  • Provide all relevant information, minutes and documents relating to the offence

Article 40, Paragraph 2 of the Criminal Procedure Code

This article outlines the obligations for public officials when reporting crimes or misdemeanors.

Money Laundering Reporting Obligations

Insurers, Mutual Health Insurance Companies, and Credit Institutions

These entities are required under certain conditions to report to the Tracfin Agency:

  • Amounts entered in their books
  • Transactions involving money that they know, suspect or have good reason to suspect come from an offence or are linked with terrorist financing

Article L. 561-15 of the Monetary and Financial Code

This article outlines the reporting obligations for insurers, mutual health insurance companies, and credit institutions.

Whistleblower Protection and Sanctions

False Accusations

A whistleblower guilty of false accusation is liable for:

  • Criminal penalties of up to five years’ imprisonment
  • A fine of 45,000 EUR

Obstruction of the Whistleblower

Interfering with the communication of a report is a criminal offence punishable by:

  • Up to one year of imprisonment
  • A fine of 15,000 EUR
  • The obstructor may also be ordered to pay damages to the whistleblower.

Whistleblower Support and Protection Measures

Internal Reporting Procedure

The whistleblower has the choice between an internal reporting procedure (notifying their hierarchy or going through the applicable internal procedure) and an external reporting procedure (reporting to the competent authority, Defender of Rights, judicial or administrative authority, or an institution of the European Union).

External Reporting Procedure

Whistleblowers benefit from a criminal immunity for breaching a secret protected by law if the disclosure is necessary and proportionate to safeguard interests at stake. Retaliation against whistleblowers is also prohibited.

Support Measures for Whistleblowers

Courts can allocate provisions for legal expenses, grant temporary financial assistance, provide psychological support, and order the company to contribute to the whistleblower’s personal training account (up to 8,000 EUR or 5,000 EUR).

Risks for Abusive Reporting or Non-Compliance with the Procedure

A whistleblower who is guilty of false accusation is liable to criminal penalties of up to five years’ imprisonment and a fine of 45,000 EUR.