In a ruling dated 17 April 2019, the Court of Cassation ruled on the appeal lodged by a mayor who had been convicted of both favouritism and illegal taking of interests. The elected official had committed irregularities in the award of a contract, having consulted the successful bidder beforehand so that he would solicit the company of which he was the director to carry out the contract.

In his appeal, he argued that acts that are inseparable from a single action characterised by a single guilty intent cannot give rise to two criminal convictions against the same defendant. In his view, the irregularities committed in the award of the contract were aimed at committing the offence of unlawful taking of an interest. Only the latter offence should be held against him.

For the Cour de cassation, multiple offences are possible when one offence has been committed in order to allow another offence to be committed, and the facts that gave rise to the different qualifications are distinct.

The appeal was therefore dismissed.

To read the full judgment, click here : Crim. 17 Apr. 2019, FS-P+B+I, no. 18-83.025