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Assault and injury
Verified 27 April 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Perpetrators of acts of violence can be punished both criminally and civilly. The criminal penalty is a fine or imprisonment, whereas the civil penalty is to compensate the victim for the harm caused. The extent of the penalties depends on whether the acts were intentional or involuntary, the severity of the injuries and the age and personality of the victim. Psychological violence is punished as much as physical violence.
What applies to you ?
Self-inflicted injuries
Wanton assault is violence intentionally inflicted on a victim. That is, the perpetrator deliberately sought to harm his victim, even though the act was not premeditated.
Both physical violence (punching, kicking...) and psychological violence (threats, harassment...) are punished in the same way.
Penalties if the victim is of age
Principal penalty
The severity of the punishment depends on the extent of the injury to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €750 fine |
Total incapacity for work (ITT) of up to 8 days | €1,500 of fine (€3,000 in case of recurrence) |
ITT over 8 days | 3 years imprisonment and €45,000 fine |
Mutilation or permanent disability | 10 years imprisonment and €150,000 fine |
Death (without intention of giving it) | 15 years imprisonment |
Murder | 30 years imprisonment |
In the cases provided for by law, the penalties may be more severe where the acts were committed in certain circumstances, known as aggravating circumstances.
Example :
- Acts committed with racist or homophobic intent
- Domestic Violence
- Incidents against a victim under 15 years of age
- Acts committed against a victim who is vulnerable because of his age or health
- Violence in a school
- Violence with a weapon
- Violence against a police officer or gendarme
- Violence by multiple perpetrators
Additional penalty
The author is also at risk of additional penalties, which are in addition to the main penalty.
Example :
- Prohibition from holding public office
- Prohibition on approaching the family home
- Revocation of civil rights
- Revocation of parental authority
Please note
the author shall not be punished if he has acted in a state of self-defense.
Penalties if the victim is a minor
The penalty for intentional violence varies according to the age of the minor, the seriousness of the crime and the status of the perpetrator.
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Child aged 15 years or younger
Violence resulting in incapacity for work of up to 8 days
Violence by third parties
The penalty is 3 years imprisonment and €45,000 of fine.
Violence by parents
The penalty is 5 years imprisonment and €75,000 a fine where the acts are committed by a parent or by a person who has authority over the minor.
Violence resulting in incapacity to work for more than 8 days
Violence by third parties
The penalty is 5 years imprisonment and €75,000 of fine.
Violence by parents
The penalty is 10 years imprisonment and €150,000 a fine where the acts are committed by a parent or by a person who has authority over the minor.
Violence resulting in mutilation or permanent disability
Violence by third parties
Violence resulting in mutilation or permanent disability is punishable by 15 years of criminal imprisonment.
Violence by parents
The penalty is 20 years' imprisonment if the offense is committed by a parent or by a person having authority over the minor.
Violence leading to death without intent
Violence by third parties
The penalty is 20 years' imprisonment.
Violence by parents
The penalty is 30 years' imprisonment if the offense is committed by a parent or by a person who has authority over the minor.
Child aged over 15 years
Violence resulting in incapacity for work of up to 8 days
The penalty is 3 years imprisonment and €45,000 of fine.
Violence resulting in incapacity to work for more than 8 days
The sentence is 5 years in prison and €75,000 of fine.
Violence resulting in mutilation or permanent disability
The penalty is 15 years' imprisonment.
Violence leading to death without intent
The penalty is 20 years' imprisonment.
Victims of willful violence should complain to seek the author's conviction.
She can then to bring a civil action to make good his damage.
To prove harm, victims can do the following:
- Provide investigators with the names and addresses of any witnesses
- Attach to the complaint a medical certificate describing the injuries and the length of the incapacity for work
- Have damaged objects and clothing checked by a bailiff
- Provide purchase and repair invoices
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The perpetrator may compensate the victim
The court will order the perpetrator to pay damages to the victim.
If the perpetrator cannot fully compensate the victim, they can seek compensation from the Commission for Compensation of Victims of Crime (Civi). Civi will forward the request to the Victims Guarantee Fund. If the ICC cannot compensate the victim, the victim must apply to the Service d'aide au recovery des victims d'offenses (Sarvi).
The perpetrator cannot compensate the victim
The perpetrator may not be able to compensate the victim, for example, because he or she is insolvent.
In this case, the victim may seek compensation from the commission for victims of crime who will forward the application to the Victims Guarantee Fund. If the ICC cannot compensate the victim, the victim must apply to the Service d'aide au recovery des victims d'offenses (Sarvi).
Involuntary violence
Involuntary violence is unintentional violence. The harm suffered by the victim is the result of the perpetrator's clumsiness or failure to comply with a legal obligation of safety. For example, if the driver violated speed limits and ran over a passerby.
The damage can be injury, illness or even death of the victim.
The author may be in one of the following situations:
- Individual who directly caused the damage
- Owner of the dog that injured the victim or the owner of the dog at the time of the crime
- Owner of an object that caused the damage (for example, if a poorly maintained wall collapses and injures the victim)
- Legal person (e.g. a company)
A company may be charged under certain conditions if one of its representatives has caused the damage in the course of his usual work. For example, in the case of food poisoning, the manufacturer can be sued because of a lack of controls in his factories.
Penalties depend on the severity of the harm and the nature and extent of the fault. Mere recklessness will be less severely punished than the manifest and deliberate breach of a statutory duty of safety.
In the cases provided for by law, the penalties may be more severe where the acts were committed in certain circumstances, known as aggravating circumstances.
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There is no aggravating circumstance
The penalties are increased according to the severity of the damage caused to the victim.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €150 fine |
Total incapacity for work (ITT) less than or equal to 3 months | €1,500 of fine (€3,000 in case of recurrence) |
ITT over 3 months | 2 years in prison and €30,000 fine |
Death (manslaughter) | 3 years in prison and €45,000 fine |
Please note
the author is also at risk of additional penalties.
There are one or more aggravating circumstances
Deliberate violation of a particular safety obligation under the law (e.g. lack of chimney maintenance)
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €1,500 of fine (€3,000 in case of recurrence) |
Total incapacity for work (ITT) of less than 3 months | 1 year in prison and €15,000 fine |
ITT over 3 months | 3 years in prison and €45,000 fine |
Death (manslaughter) | 5 years in prison and €75,000 fine |
Please note
the author is also at risk of additional penalties.
Offense committed by the driver of a land motor vehicle
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €150 fine |
Total incapacity for work (ITT) of less than 3 months | 2 years in prison and €30,000 fine |
ITT over 3 months | 3 years in prison and €45,000 fine |
Death (manslaughter) | 5 years in prison and €75,000 fine |
Other aggravating circumstances may apply:
- Impaired driving
- Drug-impaired driving
- Driving without a driving license
- Excess speed over 50 km/h
- Hit and Run
- Deliberate violation of the law
Please note
the author is also at risk of additional penalties like the cancelation of the driver's license.
Injuries from Dog Assault
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €150 fine |
Total incapacity for work (ITT) of less than 3 months | 2 years imprisonment and €30,000 fine |
ITT over 3 months | 3 years imprisonment and €45,000 fine |
Death (manslaughter) | 5 years imprisonment and €75,000 fine |
Other aggravating circumstances may apply:
- Unlawful detention of a dangerous dog
- Drunkenness of dog owner during incident
- Driving without a driving license
- Non-vaccination of dogs against rabies
- Dog abuse
Please note
the author is also at risk of additional penalties like confiscating the dog.
The victim may complain in any police station or gendarmerie brigade, or directly with the public prosecutor.
She can then to bring a civil action to obtain compensation for his loss.
To prove harm, victims can do the following:
- Provide investigators with the names and addresses of any witnesses
- Attach to the complaint a medical certificate describing the injuries and the length of the incapacity for work
- Have damaged objects and clothing checked by a bailiff
- Provide purchase and repair invoices
Please note
if the perpetrator cannot compensate you, you can seek compensation from the Commission for the Compensation of Victims of Crime (Civi). If Civi cannot compensate you, you must make a request to the Service d'aide au recovery des victims d'offenses (Sarvi).
The court will order the perpetrator to pay damages to the victim.
If the perpetrator cannot fully compensate the victim, they can seek compensation from the Commission for Compensation of Victims of Crime (Civi). Civi will forward the request to the Victims Guarantee Fund. If the ICC cannot compensate the victim, the victim must apply to the Service d'aide au recovery des victims d'offenses (Sarvi).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
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- Mercredi : de 08h30 à 12h15
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- Vendredi : de 13h00 à 16h15
116 006 - Victim Assistance Number
Listen, inform and advise victims of crime and their families.
By telephone
116,006
Free call
Open 7 days a week from 9am to 7pm
The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).
By email
victimes@france-victimes.fr
- House of Justice and the Law
- Commission for the Compensation of Victims of Crime (Civi)
Sentences in cases of willful violence
Sentences in cases of involuntary violence
Sentences for non-injurious involuntary violence
Sentences for light intentional violence
Sentences for willful violence with ITT of more than 8 days
FAQ
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