Unintentional harm to a person: homicide or unintentional injury
Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
What happens when a person is accidentally wounded or killed by a third party ? If the conditions are met, such unintentional harm (unintentional injury or homicide) is punishable. The victim can therefore lodge a complaint and constitute himself civil party to obtain the conviction of the perpetrator and compensation. If the victim died, his relatives may also become a civil party to be compensated. Here is the information you need to know.
In case of emergency, any person may prevent rescue (Rescue Police, Samu, etc.). A specific number is reserved for deaf, hard of hearing, deaf or blind people aphasic.
Unintentional damage can be punished in 2 cases:
- A person has committed an offense that has directly caused a damage to one third party
- Or the fault of a person played a role in the occurrence of injury or death to the third party.
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The fault led directly to the damage
The perpetrator of an involuntary attack can be prosecuted if the following 2 conditions are met:
- He has been clumsy, negligent, inattentive, reckless or has failed to comply with a duty of care or safety imposed by law or regulation. regulation. We are then talking about simple fault.
- The fault directly caused a damage to a person.
Example :
A doctor gives too much of a drug to a patient. The patient experiences a severe reaction requiring hospitalization. The doctor may be prosecuted for involuntary injury because of the clumsiness he has shown.
If the infringer knew he had to respect a security obligation imposed by law or regulation but he didn't, it is a gross misconduct. The penalty he faces is therefore more severe.
FYI
If the breach occurred on the road, in these circumstances, the driver may be prosecuted for road homicide or road injuries.
The fault contributed to the occurrence of the damage
The perpetrator of an involuntary attack may be prosecuted if he knew he had to respect an obligation particular security requirement imposed by law or regulation but he did not (he ignored it or did not take the necessary measures). We're talking about gross misconduct.
This fault must have played a role in the occurrence of the damage.
Example :
A head of company in the construction industry is often alerted by the labor inspectorate to the non-compliance of its site facilities with the safety obligations imposed by law. Despite these warnings, the work on the site continues unaltered. A worker falls from an unsecured scaffold and dies. Even if the fault of the head of company did not directly cause the death of the employee, he can be convicted of manslaughter. Despite the recommendations of the labor inspectorate, it had not taken the necessary measures to prevent the damage.
Warning
When a motorist deliberately violates a particular duty of care or safety imposed by law or regulation, he may be prosecuted for road homicide or road injuries.
The direct victim of an unintentional infringement may lodge a complaint against the perpetrator.
A minor victim can do this alone or accompanied. At his request, the minor may be accompanied by his parents, an adult of his choice or a representative of a victims' association.
The time limit for filing a complaint is:
- 1 year in case of minor injuries,
- 6 years for more serious injuries or manslaughter.
The complaint may be lodged with a police station or a gendarmerie brigade. It is also possible to send a letter to public prosecutor.
FYI
It is possible to be assisted by lawyer from the filing of the complaint to the day of the hearing. If the victim does not have the necessary income to pay this professional, he can obtain legal aidunder certain conditions.
On site
The victim can go to the police station or the gendarmerie brigade of his choice.
The complaint is transmitted to the public prosecutor by the police or gendarmerie.
By mail
To file a complaint, you must send a letter to public prosecutor from court of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter must specify the following:
- Your marital status and full contact details (address and telephone number)
- Detailed account of the facts, date and place of the offense
- If possible, name of the alleged perpetrator (otherwise, the complaint will be filed against X)
- Name and address of any witnesses to the offense
- Description and provisional or final estimate of the harm
- Evidence (medical certificates, work stoppages, photographs, videos, invoices, etc.)
The victim can use a mail template:
File a complaint with the public prosecutor
The complaint can be sent by registered letter with acknowledgement of receipt (preferably), by simple letter or by followed letter.
It is also possible to file a complaint directly 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 the complaint.
When filing a complaint, the direct victim (or, if she is a minor, her legal representatives or a ad hoc administrator) can be constitute a civil party to be informed of the progress of the case and to obtain damages.
If she did not become a civil party at the time of the complaint, she may do so throughout the proceedings, until the day of the hearing.
Please note
The relatives of a victim of manslaughter may also bring a civil action.
Sentences depend on the severity of the damage, the circumstances of the incident and the extent of the fault.
A person who commits a simple fault (recklessness, inattention, etc.) will be less severely punished than the person willfully ignores a rule of prudence or safety imposed by law or the regulation (gross misconduct).
In addition, penalties may be heavier when the offense was committed in a land motor vehicle. The same applies if the damage was caused by the assault of a dog. We are then talking about aggravating circumstances.
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There is no aggravating circumstance
The penalties incurred by the perpetrator of the involuntary infringement depend on the damage caused to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injury or injury | €150 of fine |
Total incapacity for work (ITT) less than or equal to 3 months | €1,500 fine (€3,000 in case of recurrence) |
ITT over 3 months | 2 years in prison and €30,000 of fine |
Death (manslaughter) | 3 years in prison and €45,000 of fine |
FYI
The court may also sentence the perpetrator of a manslaughter or involuntary injury to additional penalties in connection with the acts committed. This could include a prohibition on carrying a weapon or confiscation of the thing that was used to commit the crime the offense.
There are one or more aggravating circumstances
There are several possible cases. They each carry separate penalties.
Intentional breach of a particular security obligation under the law or regulation
The penalties incurred by the perpetrator of the involuntary infringement depend on the damage caused to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injury or injury | €1,500 fine (€3,000 in case of recurrence) |
Total incapacity for work (ITT) less than 3 months | 1 year in prison and €15,000 of fine |
ITT over 3 months | 3 years in prison and €45,000 of fine |
Death (manslaughter) | 5 years in prison and €75,000 of fine |
The author also risks additional penalties such as confiscation of the thing causing the damage, prohibition of carrying a weapon or prohibition of carrying out the professional activity in which the offense took place.
Fault committed by the driver of a land motor vehicle
The penalties incurred by the perpetrator of the involuntary infringement depend on the damage caused to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injury or injury | €150 of fine |
Total incapacity for work (ITT) less than 3 months | 2 years in prison and €30,000 of fine |
ITT over 3 months | 3 years in prison and €45,000 of fine |
Death (manslaughter) | 5 years in prison and €75,000 of fine |
The author also risks additional penalties such as the confiscation of the vehicle, the obligation to carry out a road safety awareness course or the cancelation of the driving license.
Warning
These penalties are not applicable to a motorist who has deliberately violated a special precautionary or safety requirement imposed by law or regulation. For example, if the driver was drunk, was under the influence of a drug, committed a hit-and-run or speeded more than 30 km/h.
In these circumstances, the motorist is prosecuted for road homicide or road injuries. He faces tougher sentences.
Unintentional damage caused by the assault of a dog
The penalties incurred by the perpetrator of the involuntary infringement depend on the damage caused to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injury or injury | €150 of fine |
Total incapacity for work (ITT) less than 3 months | 2 years in prison and €30,000 of fine |
ITT over 3 months | 3 years in prison and €45,000 of fine |
Death (manslaughter) | 5 years in prison and €75,000 of fine |
These penalties may be increased, including:
- In the event of unlawful detention of a dangerous dog
- If the dog owner was drunk or under the influence of a drug during the incident
- If the dog is not vaccinated against rabies
- In case of abuse of the dog.
FYI
The author also risks additional penalties such as the obligation to carry out a training course on animal safety or the confiscation of the dog causing the injuries.
To be compensated, the direct victim or indirect may make a claim to the insurer of the perpetrator or seek damages in court.
FYI
In the event of a road accident, compensation by the driver's insurance shall be subject to specific rules.
The claim for damages in court is made to:
- Criminal judge if the victim is a civil party
- The civil judge if she does not become a civil party.
Please note
Any victim may be assisted by a lawyer to make a claim for compensation to the perpetrator and/or his insurer.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
116 006 - Victim Assistance Number
This service allows victims of infringements (excluding damage to property on the internet) to be listened to and referred to a victim support association or a specialized service. It is accessible to deaf and hard of hearing people.
In metropolitan France
116,006
Free call
Service available every day of the year, from 9am to 8pm.
Outside metropolitan France (or from the foreigner)
+ 33 (0)1 80 52 33 76
Free call
Service available every day of the year, from 9am to 8pm (Paris time).
By email
By email: victimes@116006.fr
Penalties for misconduct resulting in a total incapacity for work (ITT) of more than 3 months
Penalty for misconduct resulting in ITT of less than 3 months
Penalty for willful breach of a safety obligation that has not caused damage
Sentences for unintentional violence causing no injury
Main penalties applicable to the perpetrator of manslaughter
Additional penalties for the perpetrator of manslaughter
FAQ
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