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Court of Cassation, Criminal Chamber., January 7, 2026, No. 24-87.222

Offense of favoritism: repentance is no excuse

An executive at a public law entity modifies the thresholds of a call for tenders to favor a specific candidate.

Then, realizing the irregularity, he interrupts the procedure and invokes his "repentance."

To no avail.

Simply failing to comply with public procurement rules (freedom of access and equal treatment) is enough to constitute the offense of favoritism. And the fact that the procedure was subsequently stopped does not erase the offense—on the contrary, it may reveal an awareness of the illegality.