ENDANGERING others unintentional infringement has the life that the law says
ENDANGERING
others unintentional infringement has the life that the law says
UNINTENTIONAL
OFFENCES
most often
the institutions to commit such crime
Page last
updated January 23, 2008
SUMMARY
◦MISE IN
DANGER OF OTHERS
INVOLUNTARY
◦ATTEINTE HAS LIFE
INVOLUNTARY
◦ATTEINTES HAS INTEGRITY OF THE PERSON
◦NON
ASSISTANCE A PERSON AT RISK
Article
121-4 of the Penal Code
Is author
of the offence the person who:
1º Commits
the incriminating acts;
2º Attempts
to commit a crime or, in the cases provided by law, an offence.
Article
121-5 of the Penal Code
The attempt
therefore consists that, manifested by a commencement of execution, it has been
suspended or breached its effect because of circumstances beyond the control of
its author.
Article
121-6 of the Penal Code
Shall be
punished as an accomplice to the offence, within the meaning of article 121-7.
Article
121-7 of the Penal Code
Is an
accomplice to a crime or an offence who knowingly, by aid or assistance, in
facilitated the preparation or consumption.
Is also
complicit who by gift, promise, threat, order, abuse of authority or power has
provoked an offence or gave instructions for committing it.
ENDANGERMENT
OF OTHERS
Article
121-3 of the Penal Code
(Act No.
96-393 13 May 1996 article 1 Journal Officiel of 14 May 1996)
(Act No.
2000-647 of 10 July 2000 article 1 Journal Officiel of 11 July 2000)
There is
point of crime or offence without intent to commit.
However,
where the law so provides, there is crime in the event of deliberate person
endangering.
There is
also crime, where the law so provides, in case of fault of carelessness, negligence
or breach of a duty of care or security provided for by law or regulation, if
it is established that the perpetrator has not completed normal coaches taking
into account, where appropriate, the nature of its tasks or dutieshis skills as
well as the power and the means available to it.
In the case
provided for in the preceding paragraph, individuals who have not caused direct
damage, but who have created or helped to create the situation that allowed the
realization of the damage or who have not taken measures to avoid it, are
criminally responsible if it is established that they have violated clearly
deliberate a particular obligation of prudence or security provided for by law
or regulation, committed a serious fault and that exposed others to a risk of a
particular gravity, that they could not ignore.
There is
point violation in the event of force majeure.
INVOLUNTARY
INFRINGEMENTS HAS LIFE
Article
221-6 of the Penal Code:
(Act No.
2000-647 of 10 July 2000 article 4 Official Journal of July 11, 2000)
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Under the
conditions and according to the distinctions laid down in article 121-3 by
clumsiness, carelessness, inattention, negligence or breach of duty of security
or care imposed by law or regulation, to cause the death of another is punished
manslaughter of three years imprisonment and 45,000 euros fine.
Obviously
deliberate of a special duty of security or care imposed by the Act or the
regulations, the penalties infringements are brought to five years '
imprisonment and 75,000 euros fine.
Article
221-6-1 of the Penal Code:
(inserted
by Act No. 2003-495 12 June 2003 article 1 Journal Officiel of 13 June 2003)
When
clumsiness, carelessness, inattention, negligence or breach of a statutory or
regulatory duty of security or caution under article 221-6 is committed by the
driver of a land motor vehicle, manslaughter is punishable by five years
imprisonment and a 75,000 euro fine.
The
penalties are raised to seven years ' imprisonment and 100 000 euro fine when:
1º The
driver committed a violation clearly deliberate a particular bond of security
or care provided for by the Act or the regulations other than those mentioned
below.
2º The
driver was obvious intoxicated or was under the influence of an alcoholic State
characterized by a concentration of alcohol in the blood or breath equal to or
greater than the rates set by the laws or regulations of the highway code
provisions, or refused to submit to the checks provided for in this code and to
establish the existence of an alcoholic State;
3Rd it
results from a blood test that the driver had made use of substances or plants
classified as narcotics, or refused to submit to the checks provided for by the
code of the road intended to establish if he was driving made use of narcotics;
4º The
driver was not the holder of the licence required by the Act or the regulations
or its licence was cancelled, invalidated, suspended or retained;
5º The
driver committed an overrun of the maximum allowable speed equal to or greater
than 50 km/h;
6º The
driver, knowing that he had just cause or cause an accident, has not stopped
and has thus attempted to escape from criminal or civil liability that he may
incur.
The
penalties are raised to ten years imprisonment and fine of 150,000 Euros when
the manslaughter was committed with two or more of the circumstances mentioned
in the 1º and following this section.
Article
221-7 of the Penal Code:
Legal
persons may be declared criminally liable, in accordance with article 121-2 of
the offence defined in article 221-6.
The
penalties incurred by legal persons are:
1º The fine
provided for in article 131-38;
2º The
sentences mentioned in the 2º, 3º, 8º and 10º of article 131-39.
The
prohibition referred to in article 131-39 2º carries on activity in the
exercise or on the occasion of the exercise of which the offence was committed.
In the
cases referred to in the second subparagraph of article 221-6, is also incurred
the mentioned sentence to 4º of article 131-39.
INVOLUNTARY
VIOLATIONS HAS THE INTEGRITY OF THE PERSON
UNINTENTIONAL
INJURIES
Article
222-19 of the Criminal Code
(Act No.
2000-647 of 10 July 2000 s. 5 Official Journal of July 11, 2000)
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Causing to
others, under the conditions and according to the distinctions laid down in
article 121-3, by clumsiness, carelessness, inattention, negligence or breach
of duty of security or care imposed by the Act or the regulations, a total
incapacity for work for more than three months is punishable by two years
imprisonment and a 30,000 euro fine.
Obviously
deliberate of a special duty of security or care imposed by the Act or the
regulations, the penalties infringements are brought to three years ' imprisonment
and 45,000 euros fine.
Article
222-19-1 of the Penal Code:
(inserted
by Act No. 2003-495, on 12 June 2003, s. 21 - official Gazette of June 13,
2003)
When
clumsiness, carelessness, inattention, negligence or breach of a legislative or
regulatory duty of safety or care provided for in article 222-19 is committed
by the driver of a land motor vehicle, the unintentional infringement of the
integrity of the person resulting in a total incapacity for work for more than
three months shall be punishable by three years imprisonment and a fine of
45,000 Euros.
The
penalties are raised to five years ' imprisonment and 75,000 Euros fine when:
1º The
driver committed a violation clearly deliberate a particular bond of caution or
security provided for in the Act or the regulations other than those mentioned
below.
2º The
driver was obvious intoxicated or was under the influence of an alcoholic State
characterized by a concentration of alcohol in the blood or breath equal to or
greater than the rates set by the laws or regulations of the highway code
provisions, or refused to submit to the checks provided for in this code and to
establish the existence of an alcoholic State;
3Rd it
results from a blood test that the driver had made use of substances or plants
classified as narcotics, or refused to submit to the checks provided for by the
code of the road intended to establish if he was driving made use of narcotics;
4º The
driver was not the holder of the licence required by the Act or the regulations
or its licence was cancelled, invalidated, suspended or retained;
5º The
driver committed an overrun of the maximum allowable speed equal to or greater
than 50 km/h;
6º The
driver, knowing that he had just cause or cause an accident, has not stopped
and has thus attempted to escape from criminal or civil liability that he may
incur.
The
penalties are raised to seven years ' imprisonment and fine of 100,000 Euros
when the unintentional infringement of the integrity of the person has been
committed with two or more of the circumstances mentioned in the 1º and
following this section.
Article
222-20 of the Criminal Code:
(Act No.
2000-647 of 10 July 2000 article 6 official Gazette of July 11, 2000)
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Causing to
others, by the clearly deliberate violation of a special duty of security or
care imposed by the Act or the regulations, a total incapacity for work for a
period of less or equal to three months, is punishable by one year imprisonment
and a fine of € 15,000.
Article
222-20-1 of the Penal Code:
(inserted
by Act No. 2003-495 June 12, 2003 s. 2 II: Official Gazette of June 13, 2003)
When
clumsiness, carelessness, inattention, negligence or breach of a legislative or
regulatory duty of safety or care provided for in article 222-19 is committed
by the driver of a land motor vehicle, the unintentional infringement of the
integrity of the person resulting in a total incapacity for work for a period
not exceeding three months shall be punishable by two years imprisonment and a
fine of 30,000 Euros.
The
penalties are raised to three years in prison and fine of € 45,000 when:
1º The driver
committed a violation clearly deliberate a particular bond of caution or
security provided for in the Act or the regulations other than those mentioned
below.
2º The
driver was obvious intoxicated or was under the influence of an alcoholic State
characterized by a concentration of alcohol in the blood or breath equal to or
greater than the rates set by the laws or regulations of the highway code
provisions, or refused to submit to the checks provided for in this code and to
establish the existence of an alcoholic State;
3Rd it
results from a blood test that the driver had made use of substances or plants
classified as narcotics, or refused to submit to the checks provided for by the
code of the road intended to establish if he was driving made use of narcotics;
4º The
driver was not the holder of the licence required by the Act or the regulations
or its licence was cancelled, invalidated, suspended or retained; 5º The driver
committed an overrun of the maximum allowable speed equal to or greater than 50
km/h;
6º The
driver, knowing that he had just cause or cause an accident, has not stopped
and has thus attempted to escape from criminal or civil liability that he may
incur.
Sentences
are brought to five years in prison and fine of 75,000 Euros when the
unintentional infringement of the integrity of the person has been committed
with two or more of the circumstances mentioned in the 1º and following this
section.
Article
222-21 of the Criminal Code:
Legal
persons may be declared criminally liable, in accordance with article 121-2,
for offences defined in articles 222-19 and 222-20.
The
penalties incurred by legal persons are:
1º The fine
provided for in article 131-38
2º The
sentences mentioned in the 2º, 3º, 8º and 10º of article 131-39
The
prohibition referred to in article 131-39 2º carries on activity in the
exercise or on the occasion of the exercise of which the offence was committed.
In the
cases referred to in paragraph 2 of article 222-19 is also incurred the penalty
referred to in article 131-39 4º.
OF
OBSTRUCTION OF MEASURES OF ASSISTANCE AND THE FAILURE OF RESCUE
Article
223-5 of the penal Code:
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Wilfully
obstruct the performance help to arrive to escape a person to an imminent
danger or to fight a claim presenting a danger to the security of persons is
punishable by seven years imprisonment and a fine of € 100,000.
Article
223-6 of the Penal Code:
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Anyone that
can prevent by its immediate action, without risk to him or third parties,
either a crime or a crime against the physical integrity of the person
voluntarily refrains to do so is punishable by five years imprisonment and a
75,000 euro fine.
Shall be
punished by the same penalties anyone who voluntarily refrains from bring to a
person at risk assistance that, without risk to him or third parties, he could
lend him or by his personal action, either by causing a fallback.
Article
223-7 of the Penal Code:
(Order No.
2000-916 of 19 September 2000 art. 3 Official Journal of 22 September 2000 in
force on January 1, 2002)
Anyone who
fails voluntarily to take or cause measures to combat a disaster could create a
danger to the security of persons without risk to him or third parties, is
punishable by two years imprisonment and 30,000 euro fine.
Article
223-7-1 of the Penal Code:
(inserted
by Act No. 2001-504 of 12 June 2001 article 9 Official Journal of June 13,
2001)
Legal
persons may be declared criminally liable in accordance with article 121-2 of
the offenses defined in this section.
The
penalties incurred by legal persons are:
1º The fine
provided for in article 131-38;
2º The
sentences mentioned in the 2 to 9 of article 131-39.
3. The
sentence referred to the 1º of article 131-39 for offences under articles 223-5
and 223-6.
The
prohibition referred to in article 131-39 2º carries on activity in the
exercise or on the occasion of the exercise of which the offence was committed.
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