 |
 |
ARTICLE 221-6
(Act no. 2000-647 of 10 July 2000 Article 4 Official Journal of 11 July 2000)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002)
Causing the death of another person by clumsiness, rashness, inattention, negligence or breach of an obligation of safety or prudence imposed by statute or regulations, in the circumstances and according to the distinctions laid down by article 121-3, constitutes manslaughter punished by three years' imprisonment and a fine of €45,000.
In the event of a deliberate violation of an obligation of safety or prudence imposed by statute or regulations, the penalty is increased to five years' imprisonment and to a fine of €75,000. |
| |
|
ARTICLE 221-7
A legal person may incur criminal liability, pursuant to the conditions set out under article 121 -2, to the offence defined under article 221-6.
The penalties to which legal persons are liable are as follows:
1° a fine, pursuant to the conditions set out under article 131-38;
2° the penalties enumerated in 2°, 3° 8° and 9° of article 131-39.
The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.
In the cases referred to under the second paragraph of article 221-6 the penalty prescribed by 4° of article 131-39 shall also be incurred. |
| |
|
ARTICLE 221-6-1
(Inserted by Act no. 2003-495 of 12 June 2003 art. 1 II Official Journal of 13 June 2003)
When the clumsiness, rashness, inattention, negligence or breach of an obligation of safety or prudence provided for by article 221-6 is committed by the driver a motor vehicle, manslaughter is punished by five years' imprisonment and by a fine of €75,000.
The penalties are increased to seven years' imprisonment and to a fine of €100,000 where:
1º the driver has deliberately violated an obligation of safety or prudence imposed by statute or Regulations other than those outlined below;
2º the driver was manifestly drunk or in an alcoholic state characterised by a level of alcohol in the blood or breath greater than the limits fixed by the legislative or statutory provisions of the Traffic Code, or where he refuses to take the tests provided for by the Code and designed to establish the existence of an alcoholic state;
3º a blood test shows that the driver had used substances or plants classified as drugs, or where the driver refused to take the tests provided for by the Traffic Code that are designed to establish whether he was driving under the influence of drugs;
4º the driver does not hold a valid driving licence as required by law, or his licence has been annulled, invalidated, suspended or revoked;
5º the driver has exceeded the maximum speed limit by 50 km/h or more;
6º the driver, knowing that he had caused or brought about an accident, did not stop and so tried to escape any criminal or civil responsibility that he might incur.
The penalties are increased to ten years' imprisonment and a fine of €150,000 where the manslaughter is committed with two or more of the circumstances outlined in 1º onwards of the present article. |
| |
 |
|
|
|
 |
|
|
 |
