What is non-assistance to a person in danger?

Verified 05 June 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Non-assistance to a person in danger is the act of not to help to a person who runs a serious and imminent danger. When the conditions are met, the victim of this offense may lodge a complaint against the person who didn't rescue her. It may also request a compensation. Here is the information you need to know.

In order for non-assistance to a person in danger to be punishable, several elements must be combined:

  • A person runs imminent danger who threatens his bodily integrity or moral (for example, a person in great psychological distress). This danger may be due to the attitude of a third party, the witness himself or the person in danger.
  • The witness has consciousness of this danger
  • Assistance provided to the victim does not expose the witness or a third party at risk
  • Witness abstains voluntarily to assist a person in distress, to intervene to prevent crime or that a offense against the bodily integrity of the victim, and/or to alert the emergency services.

Here are 2 examples:

  • In the subway, a man repeatedly rubs against the pelvis of a woman he does not know. A person is a witness to this offense. It refrains from intervening and does not warn the staff of the RATP: titleContent. This person (witness) may be prosecuted for failure to assist a person in danger.
  • A woman got stuck in her car, fell into a river after an accident. The current is strong, the water rises quickly. The driver of the vehicle with which this woman had a collision warns the emergency services, but can do nothing more. The witness cannot be prosecuted for failure to assist a person in danger because if he assists the victim, he is exposing himself to danger.

The victim may lodge a complaint against the person who did not provide assistance to the victim while in a situation of imminent danger.

Warning  

If she wants to get damages and interest, it may become a civil party at the time of filing a complaint (or throughout the proceedings, up to the day of the hearing).

The victim can file a complaint at a police station or a gendarmerie brigade. It is also possible to send a letter to public prosecutor.

The filing of a complaint must take place within 6 years following the commission of the offense.

Please note

To help them in their efforts, the victim can be assisted by a lawyer. If they don't have the financial resources to hire that professional, they can apply for legal aid.

On site

The victim may lodge a complaint by going to the police station or gendarmerie police station of his choice.

Who shall I contact

The complaint is transmitted to the public prosecutor by the police or gendarmerie.

By post

To file a complaint with the public prosecutor, the victim must send a letter to judicial court of the place of the offense or the domicile of the offender.

In the letter, the victim must specify the following:

  • His civil status and his full contact details (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (if not, the complaint will be filed against X)
  • Description and provisional or final estimate of the injury
  • Evidence documents (medical certificates, work stoppages, photographs, videos, invoices, etc.).

The victim can use a mail template:

File a complaint with the public prosecutor

This letter can be sent by registered letter with acknowledgement of receipt (preferably), by simple letter or by letter followed.

It is also possible to file the complaint at the reception of the court.

In any case, a receipt is sent to the victim as soon as the public prosecutor's office has registered his complaint.

Thereafter, the public prosecutor has the possibility to open a investigation which may result in the judgment and conviction of the perpetrator of the non-assistance to a person in danger.

The author of the offense failure to assist a person in danger risks criminal sanctions. The penalties are higher when the victim is under 16 years of age.

FYI  

If the victim has civil party, the person who has not assisted him may also be ordered to pay him damages and interest.

General case

A person who has been guilty of failing to assist a person in danger may be sentenced to a main sentence and to additional penalties.

Main sentence

The perpetrator of the offense of failure to assist a person in danger shall be liable to 5 years of imprisonment and €75,000 of fine.

Supplementary penalties

A person convicted of failing to assist a person in danger may also be sentenced to the temporary prohibition of the following rights:

  • Right to vote
  • Right to be elected
  • Right to exercise the function of judge, to be an expert before a court, to represent or assist a person before the court
  • Right to testify in court
  • Right to be guardian or curator (except for own children, with permission of the litigation and protection judge and the family council).

The prohibition of these rights may be imposed for a period of time a maximum duration of 5 years.

FYI  

The prohibition of the right to vote and the right to be elected prevents the person sentenced to it from holding public office (example: Member of Parliament).

Victim under the age of 16
Main penalties

If the victim is a under 16 years of age, a person prosecuted for failure to assist a person in danger shall be liable to a penalty of 7 years of imprisonment and €100,000 of fine.

Supplementary penalties

A person convicted of failing to assist a person in danger may also be sentenced to the temporary prohibition of the following rights:

  • Right to vote
  • Right to be elected
  • Right to exercise the function of judge, to be an expert before a court, to represent or assist a person before the court
  • Right to testify in court
  • Right to be guardian or curator (except for own children, with permission of the litigation and protection judge and the family council).

The prohibition of these rights may be imposed for a period of time a maximum duration of 5 years.

FYI  

The prohibition of the right to vote and the right to be elected prevents the person sentenced to it from holding public office (example: Member of Parliament).

The obligation to assist a person in danger takes precedence over compliance with the professional secrecy : if the professional decides to remain silent even though he is aware of the danger to another person (e.g. a patient), he may be prosecuted for failure to assist a person in danger.

Thus, any professional (lawyer, teacher, psychologist, etc.) who has knowledge of physical, psychological or sexual abuse must inform the competent authorities (example: Crip: titleContent or the public prosecutor), provided that the victim agreed.

If the victim is a minor or is unable to defend himself (e.g. elderly or disabled), his agreement is not necessary to warn the authorities.

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