LexInter | May 8, 2012 | 0 Comments


PENAL CODE (Legislative Part)

Section 2: Unintentional injury to life

Article 221-6


(Law n ° 2000-647 of July 10, 2000 art. 4 Official Journal of July 11, 2000)

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

The fact of causing, under the conditions and according to the distinctions provided for in article 121-3, by clumsiness, recklessness, inattention, negligence or breach of an obligation of safety or prudence imposed by law or regulation, the death of he others constitutes manslaughter punishable by three years’ imprisonment and a fine of 45,000 euros.
In the event of a manifestly deliberate violation of a particular obligation of safety or prudence imposed by law or regulation, the penalties incurred are increased to five years’ imprisonment and a fine of 75,000 euros.

Article 221-7

Legal    persons can be declared criminally responsible, under the conditions provided for in article 121-2 , for the offense defined in article 221-6.
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 °, 3 °, 8 ° and 9 ° of article 131-39.
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.
In the cases referred to in the second paragraph of article 221-6, the penalty mentioned in 4 ° of article 131-39 is also incurred.


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