MONACO Law and Practice Contributed by: Donald Manasse, Donald Manasse Law Offices
Role of a Civil Party In all these cases, the civil party can be a party to the criminal prosecution by seeking to partici - pate in the investigation or trial (which is a pos - sibility up until the first day of the hearing) or by initiating the investigation by filing the complaint ( plainte avec constitution partie civile ). The civil party can be awarded damages in the criminal proceedings. The civil party victim may also and concurrently sue the defendants in a civil proceeding, on the basis of breach of contract or on the general basis of civil responsibility (Article 1229 of the Civil Code), which is the basis for an action in the equivalent of tort. Article 1229 states that any act that causes harm to another obliges the person whose fault caused the damage to repair it. This includes fault by negligence and imprudence. Where there are concurrent civil and criminal lawsuits involving the same parties and facts, the civil court may suspend the civil action awaiting the outcome of the criminal action. 1.2 Causes of Action After Receipt of a Bribe A claimant whose agent has received a bribe may file a criminal complaint of passive cor - ruption against the agent and the person hav - ing paid the bribe, requesting damages. The claimant may also file a civil action in breach of the agency contract. There may be elements of abuse of confidence or fraud, as well as fil - ing false documents. There may also be money laundering (Articles 218 and 219 of the Penal Code) or receipt of stolen property claims (Arti - cles 339 and 340 of the Penal Code). All such claims can be concurrent.
Civil Procedure, or CPC). Where there is an alle - gation during a civil procedure that a document has been falsified, a declaration must be made to the clerk of the court. The court may then compel the person(s) to appear. Since there is no live personal testimony in civil actions, this is a rare occurrence. Alternatively, the court can name an expert to verify the document. The person claiming that the documents are false can file a criminal complaint during the trial, as can the public prosecutor. Unless the presiding judge decides that the determination of the validity of the document does not impede the case from going forward, the trial will be sus - pended pending the determination. The elements of faux en écriture (Article 90 et seq of the Penal Code) are the alteration of the truth committed with the knowledge of creating harm in a piece of writing destined to or apt to be used to prove a right or having the effect of a right. It is an aggravating circumstance if the act that is falsified is among those considered to be authentic (notarial) or public (a document), and when the falsification is committed by a public official. False testimony in a civil case is punished under Article 302 of the Penal Code, while perjury in criminal cases (a distinction is made between correctional or lesser offences and criminal cas - es) is sanctioned in Articles 300 and 301. Conspiracy Conspiracy is covered in Articles 209–211 of the Penal Code, which sanction any associa - tion or agreement to prepare or commit crimes punished by at least five years’ imprisonment as an “association of malefactors” , or malfaiteurs , which is the equivalent of a conspiracy charge.
268 CHAMBERS.COM
Powered by FlippingBook