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Several high-profile cases such as the Bettencourt affair have highlighted the offense of abuse of weakness . Victims generally do not dare to lodge a complaint.
Definition
Abuse of weakness is the exploitation of a person’s vulnerability, ignorance or state of psychological or physical subjection in order to lead them to make commitments the scope of which they cannot assess. Penal Code
Abuse of weakness is punishable by article 223-15-2 of the Penal Code. This offense is also punishable by the Consumer Code (article L122-8).
Penalties
In civil matters, the abuse of weakness is considered as a defect of consent (pain or violence depending on the case) likely to cause the annulment of a contract. In criminal matters, it constitutes an offense punishable by three years’ imprisonment and a fine of 375,000 euros. The Consumer Code (article L122-8) also provides that a professional guilty of abuse of weakness incurs a 5-year prison sentence and a fine of 9,000 euros.
Circumstances
The offense of abuse of weakness does not only concern the home visits mentioned in article 122-8 of the Consumer Code. Articles L 122-9 and following of the Consumer Code have extended the offense of abuse of weakness to several other situations: cold calling; personalized solicitation to go to a point of sale under the promise of special advantages (gifts, expected earnings, discounts, etc.); meetings, trips or excursions organized by the author of the abuse of weakness; transaction in places not intended for the marketing of the good or service offered; transaction in the context of fairs or exhibitions; transaction in an emergency situation.
Are likely to be victims of an abuse of weakness, people not being able to assess the real scope of their commitments, for various reasons related to the state of health, age (are particularly targeted the elderly but also minors), intellectual or physical disabilities , etc.
DAMY law firm , Nice, Update 2022
