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What penalties are available to the courts for violations of corruption laws by individuals?
For individuals, the principal penalties for corruption offences are imprisonment of up to 10 years and a fine of up to €1 million or twice the profits drawn from the offence. There is no clear guidance as to how to assess such a profit (Article 433-1 and 432-11 of the Criminal Code).
The other penalties that can be imposed on individuals are:
- loss of civic, civil and family rights;
- disqualification from holding public office or any professional or social activity related to the offence; and
- prohibition against undertaking industrial or commercial activity, including management functions and confiscation of the profits resulting from the corruption (Article 433-22 of the Criminal Code).
Companies or organisations
What penalties are available to the courts for violations of corruption laws by companies or organisations?
Concerning companies or organisations, the principal penalty is a fine of up to €5 million for corruption (Articles 433-1, 432-11, 433-25 and 131-38 of the Criminal Code).
Other penalties that can be imposed on companies include:
- temporary or definitive prohibition against undertaking an activity related to the infringement;
- judicial supervision;
- debarment from public tenders; and
- confiscation of profits related to the offence (Article 433-25 and 131-39 of the Criminal Code).
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