Enacted parts

ARTICLE 445-1
(Inserted by Act no. 2005-750 of 4th July 2005 Article 3 Official Journal of 6th July 2005)
Making or tendering, at any time, directly or indirectly, offers, promises, gifts, presents or any other advantages, to
obtain from a person who, not being a public official or charged with a public service mission, holds or occupies, within
the scope of his professional or social activity, a management position or any occupation for any person, whether natural
or legal, or any other body, the performance or non-performance of any act within his occupation or position or facilitated
by his occupation or position, in violation of his legal, contractual and professional obligations, is punished by five years'
imprisonment and a fine of €75,000.
The same penalties apply to giving in to any person referred to in the above paragraph who solicits, at any time,
directly or indirectly, offers, promises, gifts, presents or any other advantages, to carry out or refrain from carrying out
any act referred to in the above paragraph, in violation of his legal, contractual or professional obligations.
ARTICLE 445-2
(Inserted by Act no. 2005-750 of 4th July 2005 Article 3 Official Journal of 6th July 2005)
Any person who, not being a public official or carrying on a public service mission, but holding or carrying on, in the
context of a professional or social activity, any management position or any occupation for any person, whether natural
or legal, or any other body, solicits or accepts, at any time, directly or indirectly, promises, gifts, presents or any
advantages in order to carry out or refrain from carrying any act within his occupation or position or facilitated by his
occupation or position, in violation of his legal, contractual and professional obligations, is punished by five years'
imprisonment and a fine of €75,000. 
Updated 12/10/2005 - Page 115/132

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PENAL CODE