Criminal Liability of Political Decision-Makers in France

Abstract

In the case treated in the comparative study, it is unsure whether M would be criminally liable under French law. The potentially applicable offences would all require some extra elements, and this might be because the case at hand and French criminal law are actually focused on different aspects of the problem. Indeed, the definitions of French criminal offences are mostly based on the way funds and goods are objectively distributed, rather than on the subjective intent driving their affectation or on the operations’ overall efficiency. This may be a reflection of a broader principle of self-administration benefitting territorial communities, which imposes restraint to the criminal judges reviewing their decisions, in respect of the administrative judges’ area of competence. Additionally, important debates are still taking place in France regarding the scope and nature of immunities and privileges of jurisdiction benefitting politicians at the national level.