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In French criminal law, unintentional injury constitutes an offence punishable under Articles 222-19 et seq. of the Criminal Code. This classification applies to a natural or legal person who, without intent to cause harm, causes physical injury to another person through carelessness, negligence, clumsiness, inattention or failure to comply with a specific safety or caution obligation imposed by law or regulation.
In other words, the perpetrator did not intend to injure the victim, but their wrongful behaviour caused bodily harm.
Constituent elements
For the offence to be established, three elements must be present:
- A triggering event: an act or omission that caused the injury (e.g. a traffic accident, medical error, failure to supervise).
- A fault: this may be a simple fault (lack of caution), a serious fault exposing others to a particularly serious risk, or a deliberate violation of a legal or regulatory safety obligation.
- A causal link between the fault and the bodily injury suffered by the victim.
The initiation of criminal proceedings
When an accident has caused injury to one or more persons, it is common for criminal proceedings for unintentional injury to be initiated. The purpose of this is to determine the circumstances of the accident and any liability, and to enable the victims to assert their rights. In many cases, an investigation is conducted by the police or gendarmerie, under the authority of the public prosecutor’s office or the investigating judge (“juge d’instruction”).
Penalties
The Criminal Code distinguishes between penalties based on the severity of the total incapacity to work (ITT) suffered by the victim:
- ITT of less than or equal to 3 months: up to 1 year’s imprisonment and a fine of €15,000.
- TTI greater than 3 months: up to 2 years’ imprisonment and a fine of €30,000.
These penalties are increased in the event of special circumstances, such as deliberate violation of a safety rule, repeat offences, or if the perpetrator is responsible for a road accident after consuming alcohol or drugs.
Issues for victims and perpetrators
For victims, recognition of the offence helps them obtain compensation for their losses in criminal, civil and administrative courts.
Le Tutour Avocats, based in Paris, assists and represents you if you are the perpetrator or victim of unintentional injuries, at all stages of the criminal proceedings before French courts.