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Endangering others
LexInter | January 31, 2002 | 0 Comments

ENDANGERING OTHERS

Article 223-1
 

O RDER No. 2000-916 of 19 September 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The fact of directly exposing others to an immediate risk of death or injury likely to cause dismemberment or permanent disability through the manifestly deliberate violation of a particular obligation of safety or prudence imposed by law or regulation is punishable. one year’s imprisonment and a fine of 15,000 euros.
Article 223-2
 Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offense defined in article 223-1. 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.
Section 2: The neglect of a person unable to protect himself
Article 223-3
The abandonment, in any place, of a person who is not able to protect himself because of his age or his physical or mental state is punishable by five years of imprisonment and a 500,000 F fine. .
Article 223-4
Abandonment which has resulted in mutilation or permanent disability is punishable by fifteen years of criminal imprisonment.
The neglect which caused the death is punished by twenty years of criminal imprisonment
Section 3: Obstruction of assistance measures and failure to provide assistance
Article 223-5
Voluntarily obstructing the arrival of help 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 700,000 F fine. .
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 500 000 F 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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