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8. Corruption in France (JPMNT) Journal of Process Management – New Technologies, International Vol. 4, No.3, 2016. CORRUPTION IN FRANCE PhD. Natasha Georgieva Hadji Krsteski [email protected] Professional Paper doi:10.5937/jouproman4-10970 Abstract: In accordance with the research the root of the word “rumpere”. The term conducted by Transparency International, in the “coruptio” means someone’s destruction or period from 2009 until 2012, it is found that this corruption. While the term “rumpere” European country did not undergo drastic changes implies infringement, breach, that is, a during this period, when it comes to its ranking. breach of an administrative, social or According to this research, France belongs moral norm. to the countries that undertake appropriate There are interpretations according measures for the fight against corruption – and it is to which corruption was created as a at a satisfactory level in modern conditions, even in well-developed countries. compound noun of the part “cor” which means a treaty, an agreement, verification, Corruption in France rests on three major authorities: the Financial Intelligence Unit, the while the second part originates from the Central Service for the Prevention of Corruption verb “rompere” which means to break, or (SCPC) and the Central Brigade for the Fight violate. Therefrom a conclusion follows against Corruption (BCLC). that widely speaking, corruption would be As a result of the good institutional “a verification to break (some order)”. cooperation, France is prepared to prevent corruption in the state authorities. The political and the moral, social- economic crisis, the interethnic The international community disposes of impatience, the complex security data that refer to the detrimental and difficult consequences caused by corruption. Such findings condition, the politicization of the state led to two key issues – prevention of corruption institutions, encourage the citizens’ wish and fight against corruption, not only in France, but to quickly get rich. The only salvation they in other countries as well. see is corruption in general, because this is In order to overcome this large-scale the simplest way to realize their desire for problem, many international documents have been money, property and power. adopted, ratified by the Republic of Macedonia. Corruption hinders democratic Key words: corruption, France, state authorities development, it threatens the basic rights and freedoms of the human and the citizen, 1. INTRODUCTION it infringes competition that contributes for Corruption belongs to the group of low economic development and threatens terms that are difficult to define, because the rule of law. its content changes depending on the time, Interesting information is the one social and political order. that emphasizes that at global level there is It is a phenomenon that undermines a lack of in-depth research about the the political stability, the people’s trust in economic, political and other harmful political and judicial system, in a legal implications of corruption. state, economic development, foreign Corruption can be observed from investments and integration of the country. different aspects. It can be argued from The meaning of the term corruption legal, sociological, philosophic and is related to the Latin term “Corruption” or religious aspect. 57 www.japmnt.com (JPMNT) Journal of Process Management – New Technologies, International Vol. 4, No.3, 2016. The most general definition of international corruption affairs, corruption is the following – The term involvement of politicians, holders of corruption implies: depravity, depraved, administrative and executive functions of perversion, promiscuity, bribery, highest rank of specific countries. depravation, decay, decomposition, forgery (writings, measures etc.) 1 2. CORRUPTION IN FRANCE Corruptive actions are considered actions regulated by legal regulations and In the Republic of France pursuant by-laws. Therefrom the following arises – to the Law no. 93 – 122 from 29.01.1993 every human behavior that is not that refers to prevention of corruption and prohibited by law cannot be considered a transparency of the economic life and corruptive act, while every violation of the public procedures, the Central Service for legally defined standards is corruption. the Prevention of Corruption is obliged to The issues that are related and refer provide all required information aimed at to corruption and organized crime in detection and prevention both of active, as general, should be addressed to the country well as of passive corruption, bribery by and its authorities. If corruption and people who are holders of a public organized crime rule a country, and the function, as well as by natural persons, country does not undertake any measures fraud or embezzlement. for its reduction of suppression, this means The Central Service that is that the country does not want or must not responsible for the prevention of punish the ones who are directly involved corruption is a service with inter- in such large-scale problem. ministerial composition and it is under the The fight against corruption will be direct authority of the first person of the successful only with courage and by Ministry of Justice. Its modalities of indicating all the drawbacks of the state application are determined by decree no. authorities that are specialized to fight 93 – 232 from 22.02.1993. It is authorized against this evil. If the priority objective is and obliged to help in the following achieved – independence of the authorities circumstances – to provide assistance to that are specialized for fight against the judicial authorities that deal with this corruption, only in such case we can hope problematic at their request, as well as to for and expect reduction of corruption in give an opinion to the judicial authorities general and possibility for democracy to at their request about the specific measures act. that they should undertake in order to In modern conditions, when prevent corruption. 2 corruption is defined as a novelty, the In addition, at the request of the criterion of public opinion is considered. state prosecution and the investigative In modern conditions, democracy is given courts that deal with some of the advantage, so that the general public can occurrences that we determined in the decide which behavior is corruptive and previous paragraph, the Service announces which one is not. them the required information (let me just Corruption is undergoing growth at clarify that pursuant to this law, among the moment, which shows that it is not other things, article 4 emphasizes that something exclusive, on the contrary, it is these facts are created during a discussion a problem for the development of the and they imply only plain data). 3 countries. Every day throughout the world, information are published about 2 Business Anti-Corruption Portal, (2013), „Snapshot of the France Country Profile" , GAN Integrity Solutions , Paris, p. 123 1 Vujaklija, M., Lexicon of foreign words and 3 Radio France Internationale, (2012), Paris phrases, Prosveta, Belgrade, 1994/95, pg. 236. publishing, Paris, p. 154, 58 www.japmnt.com (JPMNT) Journal of Process Management – New Technologies, International Vol. 4, No.3, 2016. The fight against corruption in Article 433 – 11 stipulates a prison France rests on three basic authorities 4, sentence of ten years and a fee in an established by law, including the Financial amount of 150,000 Euros, for a committed Intelligence Unit (TRACFIN - Traitement action by a person who illegally, directly du renseignement et action contre les or directly, at any moment, offers to a circuits financiers clandestins), which is governmental representative gifts, part of the Ministry of Finance; the Central promises or any other material or Service for the Prevention of Corruption immaterial benefit. (SCPC), which states its opinion when it The same penalty applies for a comes to projects for undertaking procedure wherewith “a person who is a appropriate preventive measures in an governmental representative and is event of active and passive corruption. responsible for public duties or who is Here I would like to point out that this entrusted with an electoral state mandate”9, authority increases its international who illegally offers gifts or any other coverage, and the Central Brigade for the benefit, if he performed or will perform in Fight against Corruption (BCLC) which is the future, willingly or unwillingly, actions part of the Ministry of Interior and it is within the function that was entrusted to competent to act in all investigative actions him, as well as when this person abuses or that actually refer to the occurrence of already abused his/her influence, in regard corruption. to acquisition of governmental positions, At an international level, France is markets or any other useful solution. one of the first that ratified the OCDE As a result of the findings of the 5 and a second EU member that Convention international community about the ratified the UN Convention against detrimental and difficult consequences Corruption.6 caused by corruption both in France, as Pursuant to Article 432 - 11 of the well as in other countries, a reaction on Criminal Code of the Republic of France, a two issues followed – prevention of prison sentence of ten years and a fine in corruption and fight against corruption. an amount of 150,000 Euros is stipulated In order to overcome this large- for an act committed by a governmental scale problem, the following conventions representative 7, who illegally requests or have been adopted: OCDE Convention approves, directly or indirectly, any benefit signed on 17.12.1997 aimed at combating (promises and gifts), for his personal bribery of foreign officials in international benefit or for someone else, regardless of 10 business transactions; Conventions of the whether he committed an act or it was Council of Europe, Criminal Law already committed previously from his Convention for fight against corruption office or his mandate, or if he abuses 8 adopted on 27.01.1999 and Civil Law 11 something as a result of his influence.
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