Why create an offense of vehicular homicide?
Today, in the event of a fatal accident caused by a motorist, the criminal classification retained is that of involuntary manslaughter, punishable by 5 years of imprisonment and a fine of 75,000 euros. If there is an aggravating circumstance, the maximum penalties are 7 years in prison and a fine of 100,000 euros. If several aggravating circumstances are found, 10 years in prison and a fine of 150,000 euros may be required.
The notion of “involuntary” homicide is contested by victims’ associations in the event of aggravating circumstances. For several years, they have been calling for a change in semantics to make motorists aware of their responsibility. Several high-profile cases, such as the accident caused in February 2023 by comedian Pierre Palmade or the death of Antoine Alléno in 2022 and whose driver is being tried this Thursday, October 31, have accelerated reflections around a proposed law for amend the Penal Code.
Where is the proposed law?
What would this law change?
The text creates the new offense of road homicide but also that of road injuries, in the case of drivers having caused death or injuries with specific aggravating circumstances: alcohol, speed, mobile phone held in the hand, headphones, participation in a urban rodeo…
Last January, Me Michel Ledoux underlined the above all “symbolic” scope of the law: “It does not change much, neither in terms of rights for victims, nor in terms of penalties for perpetrators”. The lawyer was also circumspect about the deletion of the term “involuntary”: “These remain unintentional offenses, and not crimes”.
Related News :