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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.