Persons who have been the subject of a final conviction for one of the offences provided for in articles 222-34 to 222-40 are excluded from the procedure for awarding concession contracts,313-1,313-3,314-1,324-1,324-5,324-6,421-1 to 421-2-4,421-5,432-10,432-11,432-12 to 432-16,433-1,433-2,434-9,434-9-1,435-3,435-4,435-9,435-10,441-1 to 441-7,441-9,445-1 to 445-2-1 or 450-1 of the French Criminal Code, articles 1741 to 1743, 1746 or 1747 of the General Tax Code, and for concession contracts that are not defence or security concession contracts, articles 225-4-1 and 225-4-7 of the Criminal Code, or for receiving such offences, as well as for equivalent offences under the legislation of another Member State of the European Union.
The final conviction for one of these offences or for concealment of one of these offences of a member of the management, administrative, executive or supervisory body or of a natural person who holds a power of representation, decision-making or control of a legal entity entails the exclusion of this legal entity from the procedure for the award of concession contracts, for as long as this natural person exercises these functions.
Exclusion from the procedure for awarding concession contracts under this article applies for a period of five years from the date of conviction.
This exclusion is not applicable in the event of a suspended sentence being obtained in application of articles 132-31 or 132-32 of the French Penal Code, a deferral of the sentence in application of articles 132-58 to 132-62 of the same code or an increase in sentence in application of article 132-21 of the said code or articles 702-1 or 703 of the French Code of Criminal Procedure.