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Assault

Verified 11 janvier 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Injuries are punished according to the severity of the injury suffered by the victim. A distinction must be made between intentional injury or violence (example: assault) Involuntary injury or abuse (example: road accidents). Psychological violence is also punished. The victim can obtain compensation for his injury.

Voluntary injuries

Involuntary assault is the intentional assault of a victim. The author deliberately sought to injure his victim. Even if the act was not premeditated.

Both physical violence (punching, kicking...) and psychological violence (threats, harassment...) are punished in the same way.

Main penalty

The severity of the punishment depends on the degree of injury to the victim.

Relationship between damage and penalties

Damage to the victim

Penalty

No injury or injury

€750 fine

Total incapacity for work (TTI) with a duration of less than or equal to 8 days

  €1,500 (€3,000 in case of recidivism)

ITT over 8 days

3 years' imprisonment and €25,000 fine

Mutilation or permanent infirmity

10 years' imprisonment and €150,000 fine

Death (without the intention to give it on the part of the author)

15 years' imprisonment

Murder

30 years' imprisonment

In the cases provided for by law, the penalties may be higher where the acts were committed in certain circumstances, called aggravating circumstances.

Example :

  • Acts committed with racist or homophobic intent
  • Domestic violence
  • Facts committed on a victim under 15 years of age,
  • Facts committed against a vulnerable victim due to his or her age or health
  • Violence in schools
  • Violence with a weapon
  • Violence against a policeman
  • Violence committed by several perpetrators
Complementary penalty

The author also risks additional penaltieswhich are in addition to the main sentence.

Example :

  • Prohibition of public service
  • Prohibition to approach the family home
  • Civil rights lapse
  • Termination of parental authority

  Please note : the author shall not be punished if he has acted in a self-defense..

Complain

The victim of intentional violence must file to request the author's conviction.

Then she can constitute itself civil to make reparation.

Evidence of injury

To prove his/her prejudice, the victim may:

  • provide investigators with the names and addresses of any witnesses,
  • attach to the complaint a medical certificate describing the injuries and the duration of the incapacity for work,
  • have a bailiff check deteriorated objects and clothing,
  • Provide purchase and repair invoices.

Compensation

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The perpetrator may compensate the victim

The court shall order the perpetrator to pay damages to the victim.

If the perpetrator cannot compensate you, you can claim compensation from the Compensation Commission for Victims of Crime (Civi)..

The perpetrator cannot compensate the victim

The perpetrator may not be able to compensate the victim, for example because he is insolvent.

In this case, you can claim compensation from the Compensation Commission for Victims of Crime (Civi).. If the Civi cannot compensate you, you must apply to the Crime Victim Recovery Service (Sarvi)..

Involuntary violence

Involuntary violence is unintentional. The victim's injury is the result of a clumsiness or a breach of a legal security obligation on the part of the perpetrator. For example, if the driver did not respect the speed limits and overturned a passer.

Damage can be an injury, an illness, or even the death of the victim.

The author may be:

  • an individual who directly caused the damage,
  • the owner of the dog who injured the victim or the owner of the dog at the time of the incident,
  • the owner of an object that caused the damage (for example, if a poorly maintained wall collapses and injures the victim),
  • or a legal person, for example a company.

A company may be liable under certain conditions if one of its representatives caused the damage in the course of his usual work. For example, in the case of food poisoning, the industrialist may be prosecuted because of a lack of controls in his factories.

The penalties depend on the seriousness of the harm and the nature and extent of the fault. Mere recklessness will be punished less severely than the manifest and deliberate breach of a legal security obligation.

There are no aggravating circumstances

Penalties are increased depending on the seriousness of the damage caused to the victim.

Penalty based on severity of injury

Damage to the victim

Penalty

No injury or injury

€150 fine

Total work incapacity (TTI) less than or equal to 3 months

€1,500 (€3,000 in case of recidivism)

ITT over 3 months

2 years in prison and €30,000 fine

Death (manslaughter)

3 years in prison and €25,000 fine

  Please note : the author also risks additional penalties..

There are one or more aggravating circumstances

Deliberate breach of a specific statutory security obligation (e.g.: failure to maintain chimneys, for example)

Penalty based on severity of injury

Damage to the victim

Penalty

No injury or injury

€1,500 (€3,000 in case of recidivism)

Total work incapacity (TTI) less than 3 months

1 year in prison and €15,000 fine

ITT over 3 months

3 years in prison and €25,000 fine

Death (manslaughter)

5 years in prison and €75,000 fine

  Please note : the author also risks additional penalties..

Offense committed by the driver of a motor land vehicle

Penalty based on severity of injury

Damage to the victim

Penalty

No injury or injury

€150 fine

Total work incapacity (TTI) less than 3 months

2 years in prison and €30,000 fine

ITT over 3 months

3 years in prison and €25,000 fine

Death (manslaughter)

5 years in prison and €75,000 fine

Other aggravating circumstances may apply:

  • drunken driving,
  • driving under the influence of drugs,
  • lack of driving license,
  • speeding exceeding 50 km/h,
  • hit and run,
  • willful violation of the law.

  Please note : the author also risks additional penalties like canceling a driver's license.

Injuries caused by the assault of a dog

Penalty based on severity of injury

Damage to the victim

Penalty

No injury or injury

€150 fine

Total work incapacity (TTI) less than 3 months

2 years' imprisonment and €30,000 fine

ITT over 3 months

3 years' imprisonment and €25,000 fine

Death (manslaughter)

5 years' imprisonment and €75,000 fine

Other aggravating circumstances may apply:

  • unlawful detention of a dangerous dog,
  • the dog owner was intoxicated at the time of the incident,
  • lack of driving license,
  • dog not vaccinated against rabies,
  • abused dog

  Please note : the author also risks additional penalties like confiscating the dog.

Complain

The victim can file in any police station or gendarmerie brigade, or directly with the public prosecutor.

Then she can constitute itself civil to obtain compensation for his injury.

Evidence of injury

To prove his/her prejudice, the victim may:

  • provide investigators with the names and addresses of any witnesses,
  • attach to the complaint a medical certificate describing the injuries and the duration of the incapacity for work,
  • have a bailiff check deteriorated objects and clothing,
  • Provide purchase and repair invoices.

  Please note : if the perpetrator cannot compensate you, you can claim compensation from the Compensation Commission for Victims of Crime (Civi).. If the Civi cannot compensate you, you must apply to the Crime Victim Recovery Service (Sarvi)..

Compensation

The court shall order the perpetrator to pay damages to the victim.

If the perpetrator cannot compensate you, you can apply to the Compensation Commission for Victims of Crime (Civi)..