The adversarial procedure is the only rule to guarantee, and article 40 of the French Code of Criminal Procedure
Yves Strickler (French law professor)
Subject: Re: Article 432-1 of the French Criminal Code and passive corruption due to careerism
Date sent: January 03, 2018, 23:10 (China Standard Time)
To: Vincent B. Le Corre
Professor of Law Yves Strickler highlighted a fundamental principle to me: “It is essential to remember that the adversarial procedure is fundamentally the only rule to guarantee. It is only through this procedure that we can hope to see the truth come to light.”
Regarding my question about the existence of a law requiring officials to report any observed offense, he confirmed:
“Yes, for officials: Article 40, paragraph 2 of the French Code of Criminal Procedure:”
He then quoted the relevant article:
“The public prosecutor receives complaints and denunciations and assesses the actions to be taken in accordance with the provisions of Article 40-1.
Any established authority, public officer, or official who, in the exercise of their duties, becomes aware of a crime or misdemeanor is obliged to promptly inform the public prosecutor and transmit to this magistrate all information, reports, and documents related to it.”Click on this link to visualize the original email: 2018-01-03_2310_0800-article-432-1-code-penal-et-corruption-passive-par-carrierisme_Redacted.pdf
To gain a clearer understanding of the sequence of events in this case, I invite you to view a detailed timeline at the following link:
This timeline provides a comprehensive overview of the key milestones and developments.