Commentary on the French Court of Cassation’s Judgment on the Negligent Food Fraud: E-Coli Testing Oversight Case

Abstract

This commentary on the Negligent Food Fraud: E-coli Testing Oversight case, which was adjudicated by the French Court of Cassation in 2020, addresses three key aspects: the French perspective on the concept of unintentional criminal conduct, the analysis conducted by the Court of Cassation, and additional observations regarding the Court's analysis. Each of these issues holds significant importance concerning the framework of negligent food fraud within French criminal law. The comment suggests that the Court have provided a detailed analysis on the mens rea element of the offense and accepted the EU regulation as a source for a specific duty of care and safety within the meaning of Article 121-3 of the French Penal Code.

Keywords:Negligence, Food Fraud, Criminal Law, France, mens rea, Fault, Causation, EU Regulations