Nov. 25, 2020
Thesaurus : 02. Cour de cassation
Cour de Cassation (French Judicial Supreme Court)
Decision of 25th of November 2020, Société Iron mountain France SAS
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Full reference: Cour de Cassation, Chambre criminelle, 25th of November 2020 (18-86.955), Decision n°2333, société Iron mountain France SAS
Read the press release from the Cour de Cassation (in French)
Read the explication note from the Cour de Cassation (in French)
Summary of the decision
In this decision constituting a case law reversal, the Chambre criminelle of the Cour de Cassation decides that the firm which absorbs the one to which are imputable facts which can receive a penal qualification leading to penalties of fines has the aptitude to answer penally.
The decision precises that this reversal is applicable only to future cases, to respect the principle of predicability, except if this merging was operated only to escape from criminal responsibility of moral persons.
This case is an example of the use of Criminal Liability Law as an incentive.
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