Concussion by a Mayor: When Exempting Payment for Communal Land Becomes a Criminal Offence

Imagine: you are a property owner in Sotteville-lès-Rouen, and you learn that the mayor allowed a neighbour to occupy communal land free of charge for years without ever asking for a cent. Even worse: he deliberately delayed the signing of the deed of sale so that the occupant could build his house before paying. Shocking? For the Court of Cassation, this is simply a criminal offence: concussion. But what exactly does this mean for you as a property owner, tenant, or real estate professional? This groundbreaking 2012 decision sets a clear limit: an elected official cannot distribute communal assets as he sees fit. In short, any undue advantage concerning the price of public property is now under strict criminal scrutiny. In this article, I analyse this case and explain how to protect yourself.

The Facts: A Story That Happens Every Day

In this case, it all begins in... let's say a commune in the Eure, but the story could be that of Dieppe or any other town in France. Mr Y... is a private individual who wishes to acquire communal land to build his house. The municipal council authorises the sale at a set price. However, the mayor, instead of signing the deed quickly, lets things drag on. Meanwhile, Mr Y... moves in, builds his house... and does not pay for the land. The mayor never asks him for payment. Years pass. When the mayor's successor discovers the situation, he takes legal action. The public prosecutor prosecutes the mayor for concussion (Article 432-10 of the Criminal Code). The mayor is convicted on appeal; he appeals to the Court of Cassation. His argument? He did not personally receive any money; he merely delayed the sale. But the Court of Cassation disagrees: deliberately refraining from claiming the price owed to the commune constitutes an illegal exemption, and therefore concussion. The offence is established.

The Court's Reasoning — Analysed

To understand, one must read Article 432-10 of the Criminal Code: "The fact, by a person holding public authority, of receiving, demanding, or ordering the collection, under the heading of public duties, contributions, taxes, or levies, of a sum which he knows is not due, or of reducing or exempting a taxpayer from a sum due, is punishable by five years' imprisonment and a fine of €500,000." The mayor is a person holding public authority. By not executing the deed of sale, he deliberately deprived the commune of the sale price. This amounts to an exemption. In other words, even without personally receiving payment, the mayor granted an undue advantage. The Court recalls that the municipal council had authorised the sale, and the mayor had a legal obligation (Article L. 2122-21 of the CGCT) to implement that decision. By refraining, he violated the law. However, note that concussion requires intent. Here, the mayor deliberately delayed the deed to allow the occupant to build first. It is this fraudulent intent that transforms mere negligence into a criminal offence. What few people know is that concussion can be committed by omission: failing to claim a sum due is also exempting.

What This Means for You — Practically

For a landlord owner in Dieppe: if you rent a property to a local authority, check that the rent is actually paid and that the elected official is not granting you a favour. For a purchaser: if you are buying communal land, be wary of abnormally long delays. The seller must act within a reasonable time. Concrete example: a plot of land worth €50,000 in Sotteville-lès-Rouen. If the mayor delays the sale by two years, the purchaser saves the equivalent of rent, but above all, he can build without paying. For the commune, this is a dead loss. If you are in this situation, you should demand a written timetable and, in case of deadlock, refer the matter to the administrative court or file a complaint. For a taxpayer: you can report the facts to the financial prosecutor's office. Finally, for a real estate professional: be vigilant when dealing with local authorities. A deed of sale that takes too long to sign should alert you.

Four Tips to Avoid This Type of Dispute

• Demand an authentic deed within a maximum of 6 months: any abnormal delay must be justified in writing. After this period, follow up by registered letter with acknowledgement of receipt.
• Check the municipal council resolution: ensure that the sale has been authorised and the price set. Request a copy of the resolution before any payment.
• Never occupy the property before signing: even with a verbal agreement, occupation without title may be reclassified as a voie de fait. Wait for the authentic deed.
• Report any suspicious behaviour to the public prosecutor: if you witness an undue favour, you can write to the public prosecutor's office. Concussion is an offence that is prosecuted ex officio.

Further Analysis: Related Case Law and Developments

This 2012 decision is part of a broader trend of criminalising abuse of office. A few years earlier, the Court of Cassation had already ruled (Crim., 19 March 2008, No. 07-85.306) that a mayor who sold land below its value without a resolution committed misappropriation of public funds. Here, the Court clarifies that deliberately omitting to collect the price is a form of concussion. Since then, several courts have applied this logic to cases of low-cost rentals or transfers without competitive bidding. The trend is clear: elected officials must follow procedures, on pain of severe criminal penalties. For local authorities, this means rigorous internal control is essential. For citizens, it is a weapon against favouritism.

Checklist Before Taking Action

• Do I have a written document (resolution, promise of sale) setting the price and deadlines? If not, demand it before any commitment.
• Did the mayor or elected official personally benefit from the transaction? If yes, there is a conflict of interest and possible concussion.
• How much time has passed since the authorisation? More than 6 months without a deed? Raise the alarm.
• Have I occupied the land before signing? This is risky: you could be considered an occupant without right.
• What is the prejudice to the commune? A failure to pay for several years justifies a criminal complaint.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →