OBSTACLES TO ASSISTANCE MEASURES OR OMISSIONS TO PROVIDE ASSISTANCE
LexInter | April 24, 2017 | 0 Comments

OBSTACLES TO ASSISTANCE MEASURES OR OMISSIONS TO PROVIDE ASSISTANCE

Section 3: Obstruction of assistance measures and failure to provide assistance

Article 223-5
 Voluntarily obstructing the arrival of aid intended to escape a person from imminent danger or to combat a disaster presenting a danger to the safety of persons is punished by seven years’ imprisonment and a fine of 90,000 euros. .

Article 223-6

  Anyone who can prevent by his immediate action, without risk to him or to third parties, either a crime or an offense against the bodily integrity of the person voluntarily abstains from doing so is punished by five years’ imprisonment and 75 000 euros fine.
Will be punished with the same penalties whoever voluntarily refrains from bringing to a person in danger the assistance which, without risk for him or for the thirds, he could lend him either by his personal action, or by provoking a help.

Article 223-7

Anyone who voluntarily refrains from taking or initiating measures allowing, without risk for himself or for third parties, to fight a disaster likely to create a danger for the safety of persons is punished by two years’ imprisonment and 200,000 F fine.

Article 223-7-1

(inserted by Law n ° 2001-504 of June 12, 2001 art. 9 Official Journal of June 13, 2001)

Legal persons may be declared criminally responsible under the conditions provided for in article 121-2 for the offenses defined in this section.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in 2 ° to 9 ° of article 131-39;
3 ° The penalty mentioned in 1 ° of article 131-39 for the offenses provided for in articles 223-5 and 223-6.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

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