FRANCE Law and Practice Contributed by: Samuel Sauphanor, Alexandra Szekely, Timothée de Saint Viance and Benoît Barré, Le 16 Law
tion with authorities and adherence to the nego - tiated terms. Several civil and labour law mechanisms are also available to claimants whose agent has received a bribe. The principal cause of action lies in bringing a civil claim for damages under Article 1240 of the French Civil Code, where the claimant can demonstrate that the bribe caused direct material or moral harm. Civil party applica - tions ( constitution de partie civile ) are generally admissible, particularly where the financial loss is identifiable or where reputational damage has occurred. From an employment law perspective, the acceptance of a bribe constitutes a serious breach of contractual duties and may justify immediate termination. In the public sector, dis - ciplinary measures may also apply. Finally, where a claimant is considering legal action, it is essen - tial to assess whether there is any risk of being implicated in the scheme (directly or through negligence) given the evolving EU framework on duty of care, which may give rise to liabil - ity where entities fail to ensure integrity in their commercial relationships. 1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts Under French criminal law, any individual who knowingly facilitates the commission of a fraud, whether by assisting the perpetrator before, dur - ing, or after the offence, may be prosecuted as an accomplice (Articles 121-6 and 121-7 of the French Criminal Code). Accomplices face the same penalties as principal offenders, including criminal sanctions and joint and several liability for civil damages awarded to victims (Article 2 of the French Criminal Procedure Code (see also Articles 375-2, 480-1 and 543)). Civil claims may be brought in tandem with criminal proceedings or separately, to recover
losses from both principal offenders and those who aided or concealed the fraud. The victim may join criminal proceedings as a civil party or initiate a standalone civil action under Arti - cle 1240 of the French Civil Code, particularly in cases where evidentiary thresholds are met more easily or where criminal proceedings are not pursued. The receipt of fraudulently obtained property ( recel ) constitutes a distinct and serious offence under Articles 321-1 to 321-5 of the French Criminal Code. To establish liability for recel , prosecutors must demonstrate that the recipi - ent knowingly benefitted from property derived from criminal conduct. This offence is frequently used to target entities or individuals who did not directly commit the fraud but profited from its proceeds, including financial intermediaries or third parties involved in laundering or hiding assets. 1.4 Limitation Periods Limitation periods for fraud-related claims in France depend on the legal forum and whether the action is of a criminal or civil nature. When the victim joins criminal proceedings as a civil party, the limitation period for the civil claim aligns with that of the criminal offence under Arti - cle 10 of the French Criminal Procedure Code. Conversely, where the victim proceeds before a civil court, the limitation period is governed by the French Civil Code. For civil actions based on fraud, the general limi - tation period is five years from the date on which the claimant became aware, or should reason - ably have become aware, of the facts giving rise to the claim (Article 2224 of the French Civil Code). This discovery-based trigger is particu -
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