New legislation regulates the communication of information about criminal proceedings to employers and supervisory authorities, with practical implications for HR management.
The law of 26 May 2026, derived from bill of law 7882B exempted from second vote on 5 May 2026 (the Law), introduces a mechanism into the Criminal Procedure Code permitting the Chief Public Prosecutor (procureur général d’Etat) and the Public Prosecutors (procureurs d’Etat) to inform employers (among others) of criminal acts allegedly committed by their staff, including before any final conviction. The Law also introduces a clear statutory basis for sharing criminal information relating to the enforcement of convictions.
Key aspects of the reform
Three new articles (8-2, 8-3 and 8-4) have been added into the Criminal Procedure Code. The core elements are outlined below.
Communication of information for carrying out sentences
The Chief Public Prosecutor, via the Ministry of Justice if appropriate, provides a copy of or an extract from a court decision to the bodies responsible for carrying it out.
A Public Prosecutor may also share copies of procedural instruments where their provision is necessary for the execution of a decision taken in the context of the discretion to prosecute.
The information provided may only be used for the purposes for which it was communicated.
Preventive alert to employers and supervisory authorities
The Chief Public Prosecutor and the Public Prosecutors may give written notice to any employer (public or private) of acts allegedly committed by a member of its staff. They may also inform authorities, public law and private law legal entities responsible for carrying out public services, and professional bodies where the activity of the person concerned is under their control or authority, or they have issued an authorisation, licence or approval.
All the following conditions must be satisfied in order for this information to be communicated to the interested parties:
- The acts must be capable of constituting a crime punishable by imprisonment.
- The acts must have given rise to one of the following decisions: conviction (whether or not final), referral to court for trial (saisine d’une juridiction de jugement) or referral to an investigating judge (saisine du juge d’instruction).
- The Chief Public Prosecutor or Public Prosecutor must consider the communication to be necessary in order to halt or prevent serious interference with public order or serious physical or psychological harm to an individual, taking into account the nature of the acts, the circumstances in which they were committed or their link with the professional or social activity of the person concerned.
This includes serious offences such as unlawful killing, deliberate assault and battery, sexual assault, rape, human trafficking, unlawful trafficking of migrants and offences involving violent or pornographic material.
The Law provides for a range of procedural safeguards, including:
- The person concerned must be informed without delay, and the recipient of the information must be notified about the outcome of the criminal proceedings.
- The investigating judge’s consent must be obtained where a judicial investigation (information judiciaire) is underway.
- The information must be destroyed in the event of acquittal or discharge (non-lieu) by the investigating judge.
Confidentiality
All information received is confidential. Unless a conviction is publicly declared, the recipient is subject to professional secrecy and liable to the sanctions for breach set out in Article 458 of the Criminal Code.
Use of the information received is strictly limited to the purposes set out in the Law (cessation or suspension of activity, disciplinary proceedings, supervisory measures, withdrawal of approval or authorisation).
1Law of 26 May 2026 amending the Criminal Procedure Code.
The Law enters into force on 7 June 2026.
Practical implications for employers
Your business may receive written notification from the Chief Public Prosecutor or a Public Prosecutor about employees implicated in criminal proceedings, including before any final conviction. This situation is now governed by a statutory framework and calls for a structured and proportionate response, the details of which will depend on the specific circumstances of each case.
Employers should act immediately to implement the necessary legal and organisational measures, such as nominating contact persons to receive criminal information, restricting internal access to authorised personnel only and making managers and HR teams aware of the risks of unauthorised disclosure.
Author: Raphaëlle Carpentier (Arendt)
