FRANCE Law and Practice Contributed by: Samuel Sauphanor, Alexandra Szekely, Timothée de Saint Viance and Benoît Barré, Le 16 Law
identified, the proceedings may proceed in the ordinary manner. By contrast, civil proceedings cannot be brought against unidentified parties. The identity of the defendant is a condition precedent to validly initiating proceedings before the civil courts, as it is required for proper service of the claim. In the absence of a named party, the court has no jurisdiction to hear the case. Accordingly, while French criminal procedure allows for effective initiation of proceedings against unknown fraudsters, the civil route remains unavailable unless and until the respon - sible party is identified. 2.9 Compelling Witnesses to Give Evidence In criminal proceedings, French law provides for a robust framework to compel the attendance and testimony of witnesses. Under Article 101 of the French Criminal Procedure Code, the investi - gating judge may summon any individual whose evidence may assist the investigation. A duly summoned witness is legally obliged to appear, take an oath and testify truthfully. Refusal to comply may result in coercive measures, includ - ing being brought by force before the judge (Arti - cle 109 of the French Criminal Procedure Code) and is punishable by criminal sanctions. False testimony is prosecuted as perjury under Article 434-13 of the French Criminal Code. Witnesses may be heard directly by the judge or by judicial police officers acting under the judge’s delegation. The public prosecutor and civil parties may also request specific witnesses be heard. In civil proceedings, courts have discretionary authority to compel individuals to testify, pro -
vided they are not legally exempt. Article 206 of the French Civil Procedure Code excludes certain categories of witnesses, such as close family members, from the obligation to testify. If a party fails to appear or refuses to give evidence without lawful justification, the judge may draw adverse inferences or impose a financial penalty. While civil courts lack the coercive investigatory powers of criminal judges, they may nonethe - less order testimonial evidence through formal procedures, including witness summonses and judicial hearings ( auditions de témoins ). 3. Corporate Entities, Ultimate Beneficial Owners and Shareholders 3.1 Imposing Liability for Fraud on to a Corporate Entity Under French law, corporate entities ( person- nes morales ) may incur criminal liability where an offence is committed on their behalf by one of their organs or legal representatives (Article 121- 2 of the French Criminal Code). This attribution mechanism allows prosecutors to pursue legal persons independently of or in addition to the individuals directly involved. The liability of a company does not preclude the personal criminal responsibility of the individuals acting as perpetrators or accomplices. In prac - tice, prosecutors often charge the legal entity and relevant executives or directors, particularly in cases involving internal fraud, misappropria - tion or corruption. The scope of criminal liability extends to all legal persons, including commercial compa - nies, associations and public entities, except the French State itself, which enjoys immunity. How -
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