jurisdiction

Source of law International corruption: Articles 435-1 and seq of the French Criminal Code (French Statute of 13 November 2007, as amended by the French Statute of 17 May 2011, by the French Statute of 9 December 2016 (hereafter Sapin II Law) and by the Ordinance of 18 September 2019)
Offence 

Article 17 of the Sapin II Law, which came into force on June 1st, 2017 

“Large companies”   and their CEOs failing to implement the eight internal preventive anti-corruption measures (i.e., a code of conduct, a whistleblowing system, a risk mapping, due diligence procedures, internal and accounting controls, trainings, a disciplinary regime, and evaluation and audit of the program) expose themselves respectively to a 1m€ administrative fine and 200k€ administrative fine, and/or an injunction to remediate, following a public hearing before the Sanctions Committee of the French Anticorruption Agency (AFA). The AFA regularly launches in-depth inspections (controls) within companies to verify proper implementations of the eight measures.

On top of the administrative fine by the AFA, if AFA agents identify criminal misconducts or misdemeanours during their inspections, they have the duty to report them to the Public Prosecutors. Besides, the AFA promotes to the general public the external issuance of whistleblowing alerts to them. According to the 2025 Annual Report of the AFA. In 2024, 58 alerts have been received and led to 52 reports to public prosecutors or relevant regulators. 

Public Sector (various Articles of the French Criminal Code, in particular Articles 432-11, 432-11-1, 433-1 to 433-2-1 of the French Criminal Code) 

Bribing

Unlawfully offering, promising or giving to a public official (including judicial officers and an elected foreign public official), directly or indirectly, any advantage for the future or past performance or non-performance of any act within the official’s functions, duties or mandate.

Being Bribed

A public official (including judicial officers and an elected foreign public official) unlawfully requesting or accepting for himself or another an advantage for the future or past performance or non-performance of any act within the official’s functions, duties or mandate.

Private Sector (Article 445-1 and Seq. of the French Criminal Code)

Bribing

Unlawfully offering to a person holding a management position or any occupation, any advantage for the future or past performance or non-performance of any act within his activity or function, in breach of his legal, professional or contractual obligations.

Being Bribed

A person holding a management position or any occupation, requesting or accepting, directly or indirectly, any advantage for the future or past performance of an act within his activity in breach of his legal, professional or contractual obligations.

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught?Yes
Would corporate hospitality be caught? Yes
Is there any de minimis? No
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside France  
Can bribery performed outside France be caught? Yes
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
French nationals? Yes
French company? Yes
French partnership (including limited liability partnerships) incorporated? Yes
Director of French company? Yes
French company if the bribe is committed abroad by its foreign subsidiary? Yes
Foreign subsidiary of a French company if the bribe is committed abroad? Yes 
Foreign national/company/partnership if bribe is committed in France? Yes
Foreign national domiciled or “ordinarily resident” in France if bribe is committed outside France? Yes 
Foreign company/partnership if bribe is committed abroad? No
Penalties  
Penalties include: 

Bribing

Individuals  

Corruption involving a person holding a public office: 

  • Imprisonment of up to ten years 
  • Fines up to EUR 1m, where the fine can be increased up to double the value of the advantage resulting from the offence 
  • Fines are raised to EUR 2m or, if this amount exceeds 2m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  

Corruption in the private sector: 

  • Imprisonment of up to five years 
  • Fines of up to EUR 500,000 where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence 
  • Additional penalties such as depravation of rights, professional restrictions, publication of the decision, and confiscation of what was used to commit the offence 

Companies 

Corruption of a person holding a public office: 

  • Fines up to EUR 5m where the fine can be increased up to double the value of the advantage resulting from the offence 
  • Fines are raised to EUR 10m or, if this amount exceeds 10m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang  
  • For a maximum of five years:
    • Prohibition from continuing the activity at stake 
    • Placing under judicial supervision 
    • Being banned from public markets 
    • Exclusion from government procurement 
    • Banning the entity from raising public funds 
    • Banning the entity from writing cheques other than those allowing funds to be withdrawn, certified cheques or using credit cards 
  • Publication of the decision 
  • Confiscation 
  • Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor

Being bribed

Individuals

Corruption involving a person holding a public office: 

  • Imprisonment of up to ten years
  • Fines up to EUR 1m, where the fine can be increased up to double the value of the advantage resulting from the offence
  • Fines are raised to EUR 2m or, if this amount exceeds 2m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang

Corruption in the private sector:

  • Imprisonment of up to five years
  • Fines up to EUR 500,000 where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence
  • Additional penalties such as depravation of rights, professional restrictions, publication of the decision, and confiscation of what was used to commit the offence

Companies

Corruption of a person holding a public office:

  • Fines of up to EUR 5m where the fine can be increased up to double the value of the advantage resulting from the offence
  • Fines are raised to EUR 10m or, if this amount exceeds 10m, to twice the amount of the advantage resulting from the offence, when the offence is committed by an organised gang
  • Since the implementation of Sapin II Law, fine up to EUR 1m if the programme does not comply with legal requirements (i.e. failure to implement any of the eight measures provided for)
  • Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor

Corruption of a person not holding a public office:

  • Fines up to EUR 2.5m where the amount of the fine can be increased up to twice the value of the advantage resulting from the offence
  • For a maximum of five years:
    • Prohibition from continuing the activity at stake ∙ Placing under judicial supervision
    • Exclusion from government procurement
    • Being banned from public markets
    • Banning the entity from raising public funds
    • Banning the entity from writing cheques other than those allowing funds to be withdrawn, certified cheques or using credit cards
  • Publication of the decision
  • Confiscation
  • Fine of up to 30% of the company’s turnover and the implementation of a compliance programme in case of a settlement with the public prosecutor
Defences  
Are there any defences available?Yes
Is there an obligation to set up an anti-corruption Compliance Programme?Yes
Is having a Compliance Programme in place a sufficient defence?No