On June 26, 2019, the National Financial Prosecution Service (PNF) and the AFA jointly issued guidelines on the CJIP, notably listing the conditions for granting a CJIP and the aggravating and mitigating circumstances to be considered in calculating the financial penalty.

Aggravating circumstances include:

  • corruption of a public official;
  • legal persons covered within the scope of Articles 3 (3°) and 17 of the Law of 9 December 2016;
  • legal persons previously convicted/sanctioned in France or abroad for corruption-related offenses;
  • use of resources of the legal person to conceal corruption-related offenses;
  • repeated or systematic nature of the corruption-related offenses.

Mitigating circumstances include:

  • self-reporting of the offenses before the start of any criminal investigation;
  • excellent cooperation and complete and effective internal investigation;
  • effective compliance program / implementation of corrective measures and changes in the organization;
  • voluntary implementation of a compliance program by a legal person having no statutory obligation to do so.
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