BBA 1 Introduction to legal questions

Session 4

Louis JANICOT Professor of Practice ESSEC

Introduction to Criminal Law
Course aim: To understand the principles, offences, investigation,
judgement and punishment.
Definition of criminal law

 What is criminal law?

Branch of public law governing offences and penalties.

 Objectives of criminal law :

Protecting public order.

Preventing harmful behaviour.

Punishing prohibited behaviour.

 Difference with civil law :

Criminal law: public penalties (offences).

Civil law: private relationships (contracts, liability).

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The main principles of criminal law (1/2)

 Principle of legality of offences and penalties :

"No one can be punished without a law.

Example: Article 111-3 of the Criminal Code.

 Principle of non-retroactivity :

A more severe criminal law does not apply retroactively.

 Presumption of innocence :

Everyone is innocent until proven guilty.

Article 9 of the Declaration of the Rights of Man and of the

Citizen.

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The main principles of criminal law (2/2)

 Individualisation of sentences :

The sentence must be adapted to the facts and the profile of

the accused.

 Nullum crimen sine culpa :

There is no crime without fault (whether intentional or

negligent).

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Criminal liability

 Terms and conditions:

The author must be discerning and capable.

Liability of adults, minors and legal entities.

 Causes of lack of criminal responsibility :

Mental disorder.

Constraint.

Self-defence.

Example: Corporate liability.

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The various offences

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Committee proceedings

 Commission: The author does something

prohibited).
 Example: Flight

 Theft is defined as "the fraudulent misappropriation of

another person's property" (Article 311-1 of the Criminal
Code).

 Physical act (commission) : Taking something that

belongs to another person without their consent.

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Committee proceedings

 Omission: The author fails to do what he or she

should have done, in breach of a legal or moral
obligation.

 Example: failure to assist a person in danger, failure

to render assistance

Article 223-6 of the French Criminal Code states that any

person who, being able to intervene without risk to
themselves or others, refrains from preventing danger or
assisting a victim is guilty of failing to assist a person in
danger.
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The constituent elements of an offence

 Legal element: The offence must be provided for by law.

Example: Theft is defined by article 311-1 of the Criminal Code as "the fraudulent removal of another
person's property".

 Material element: The act or omission must be proven.

Example: In a theft, the material element would be the act of taking an object belonging to someone
else.

 Moral element: intent (mens rea) or fault must be demonstrated.

Example: In the case of theft, it is the deliberate intention to remove the thing.

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Case study 1 - Supermarket theft

1. Peter Smith steals a bottle of whisky. 2. Peter Smith pushes a security guard who is slightly injured.

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Case study 1 - Supermarket theft

3. Pierre Dupont is arrested

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Case study 1 - Supermarket theft

 Facts :

Pierre Dupont steals a bottle of whisky, pushes a security guard who is slightly injured, and is then arrested.

 Key steps :

 Commission of the offence.

 Investigation: police intervention, hearing, prosecutor's decision.

 Trial: criminal court, presentation of evidence.

 Penalty: suspended prison sentence, fine, damages.

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Questions on case study 1

 What are the constituent elements of the offence here?

 Which court has jurisdiction?

 What penalties could be imposed?

 Could the sentence be adapted to Pierre's personal circumstances?

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Case study 2 - The Good Judge Magnaud

Louise Ménard steals a loaf of bread to feed her children.

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Case study 2 - The Good Judge Magnaud

Léon Magnaud, president of the Château-Thierry court,

acquitted her in 1898, taking account of the
circumstances.

 Decision :

 Acquittal on grounds of necessity.

 Notion of social justice and equity.

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Questions on case study 2

1. Are the constituent elements of the offence present?

2. Was the decision to acquit Louise Ménard legally justified?
3. Can we go beyond the rigour of the law for reasons of fairness?
4. What impact has this case had on criminal law?

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Conclusion

Summary :

Definition and role of criminal law.

Fundamental principles: legality, presumption of innocence, individualisation.

Criminal liability and classification of offences.

Stages of a criminal case: offence, investigation, trial, punishment.

Importance: An essential pillar of security and justice.

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Opening

"How is criminal law adapting to new forms of crime, such as cybercrime?"

The rise of cybercrime

Cybercrime refers to offences committed using digital technologies:

Examples: hacking, data theft, online fraud, cyberstalking, ransomware.

These offences take advantage of the globalisation and dematerialisation of trade, making them more complex to
prosecute.

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Challenges for criminal law

Challenge 1: Territoriality

Cybercrime transcends national borders.

Example: a hacker based in one country attacks a system in another.

Challenge 2: Speed and technicality

Technologies evolve faster than laws.

The need to train magistrates, investigators and lawyers in digital issues.

Challenge 3: Authors' anonymity

Criminals exploit tools such as VPNs and the darknet to conceal their identity.

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Criminal law responses

Adapting legislation :

In France: the Law for a Digital Republic (2016) and the Criminal Code adapt traditional offences to digital
realities.

Example: Article 323 of the French Criminal Code makes hacking an offence.

International cooperation :

Treaties such as the Budapest Convention on Cybercrime (2001) facilitate cooperation between states.

New survey tools :

Digital infiltration, surveillance of online communications, recovery of electronic evidence.

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Examples of recent cases

The WannaCry Affair (2017):

A global ransomware attack that paralysed thousands of businesses and public institutions.

Response: international coordination to identify the perpetrators and strengthen infrastructure security.

Cyberbullying :

Cases relating to social networks and online platforms, which are often complex to manage legally.

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Openness and reflection

Criminal law must continually adapt to constantly evolving technologies.

Questions :

Are governments sufficiently armed to combat increasingly sophisticated criminals?

Can fundamental rights (privacy, freedom of expression) be guaranteed in the face of enhanced cyber
security measures?

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End of session Thank
you