Manslaughter
Verified 09 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Did a loved one of you lose his life in a traffic accident or a fight? You can file a complaint, even if the perpetrator is not known. This will allow the judiciary to open an investigation and inform you of its results. The public prosecutor may decide to open an investigation, even if you do not file a complaint.
Manslaughter is the act of causing the death of a person, unintentionally, through clumsiness, recklessness, inattention, negligence or failure to observe a duty of care or safety.
The law considers it to be a offense and not of a crimeBecause there was no will to kill.
The steps to be taken following the death by manslaughter of a loved one vary depending on whether you wish to file a complaint or not.
You're filing a complaint
In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.
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By telephone
In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.
You can also contact the 112.
Who shall I contact
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
You can't call
114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.
Who shall I contact
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
It is essential to be responsive and immediately inform the emergency services in order to find the perpetrator (e.g. in the event of a leak) and to preserve clues.
If anyone is injured, help should also be alerted by dialing the 15 (Samu) or the 18 (firefighters).
On the spot
You can go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The police or gendarmerie refer the complaint to the public prosecutor.
By mail
You can file a complaint with the public prosecutor.
To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
Your mail should include the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
- Your eventual willingness to become a civil party
You can use the following mail template:
File a complaint with the public prosecutor
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
The presence of a lawyer is not mandatory for the lodging of a complaint and throughout the procedure until the trial before the correctional court.
Deadline for filing the complaint
You have 6 years from the date of the facts to lodge a complaint.
After the expiry of this period, your complaint for rape will no longer be admissible.
This is called the limitation period.
Consequence of filing a complaint
Once the complaint has been filed, the public prosecutor decides whether an investigation should be opened and whether a trial should take place.
The prosecutor may also refer the case to a examining magistrate to carry out the investigation.
Conduct of the investigation procedure
Before a case can be tried, there must be a prior judicial inquiry.
The judicial inquiry may be ordered by the public prosecutor if he considers that there is enough evidence following the complaint. The judicial investigation ordered by the public prosecutor and conducted by judicial police officers and officers is called " preliminary investigation ”.
The judicial inquiry may also be conducted by the investigating judge who is seised in the event of civil party claim or by the public prosecutor. The judicial investigation conducted by the investigating judge is called " judicial inquiry ”.
Outcome of the investigation procedure
The public prosecutor may decide to dismiss the case, refer the case to the investigating judge or refer the case to the correctional court.
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No follow-up ranking
If, at the end of the investigation, the public prosecutor considers that there is not enough evidence to refer the case to trial, he closes the case without further action.
Despite the inaction, you can, as a relative of the deceased, request a new investigation.
To do this, you must file an application with an investigating judge civil party claim. This procedure allows you to make a claim for compensation at the same time as the criminal complaint.
Transfer of the case to the investigating judge
The investigating judge may be seized by the public prosecutor or by your complaint with the constitution of civil party.
He conducts his investigation and decides at the end of it to refer the case to the correctional court or to pronounce a non-suit.
If the investigating judge dismisses the case, you may appeal this decision to the investigating chamber of the court of appeal as a civil party. The call must be made within 10 days that follow the notification of the decision not to proceed.
The investigating chamber may decide to confirm the dismissal or refer the case to the correctional court.
Referral back to judgment
If the public prosecutor decides at the end of his investigation that the case must be tried, he shall refer the case back to the the correctional court.
The trial allows the court to consider the case and decide on the guilt of the accused.
The Correctional Court may also consider your claim and make a decision on it.
The civil party must explain the harm that it suffered and specify the amount of money it is asking for for each harm.
In the case of the prosecution of the perpetrator of manslaughter, the penalties for manslaughter vary depending on whether the homicide took place in the context of a motor vehicle accident or not.
Road accident
Manslaughter by a driver shall be punished to the 5 years imprisonment and €75,000 fine.
If there is an aggravating circumstance, the driver may be punished by up to 7 years imprisonment and €100,000 fine.
If there are several aggravating circumstancesHowever, the penalty may be up to 10 years imprisonment and €150,000 fine.
The following may be aggravating circumstances:
- The driver has committed a manifestly deliberate breach of a particular duty of care or safety
- The driver committed a hit-and-run
- The driver was in drunkenness or sub-narcotics or refused to submit to the checks capable of establishing that status
- The driver did not hold a driving license or his license was canceled, invalidated, suspended or detained
- The driver was driving at 50 km/h or more above the maximum speed allowed.
The driver who committed manslaughter also faces additional penalties.
The driver who committed manslaughter also faces additional penaltiesWires. Examples include:
- Suspension or cancelation of the driving license
- Prohibition of applying for a new driving license
- Prohibition on driving certain vehicles
- Confiscation of the vehicle used by the convicted person in the commission of the offenseinfringement
- Obligation to conduct a road safety awareness course.
Other manslaughter
The perpetrator of manslaughter may be punished up to 3 years imprisonment and €45,000 fine.
If there's a manifestly deliberate breach of a particular obligation of prudence or safetyHowever, the penalty may be up to 5 years imprisonment and €75,000 fine.
FYI
When manslaughter results from the aggression committed by a dog, the owner or the person who holds the dog at the time of the incident shall be punished 5 years imprisonment and €75,000 of fine. In case of aggravating circumstances (for example, the owner of the dog was clearly intoxicated), the penalty may be as much as 7 years imprisonment and €100,000 fine.
The court may also order one or more additional penalties. Examples include:
- Prohibition of carrying a weapon subject to authorization for a certain period of time
- Confiscation of weapons
- Withdrawal of hunting license.
You're not complaining
In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.
Répondez aux questions successives et les réponses s’afficheront automatiquement
By telephone
In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.
You can also contact the 112.
Who shall I contact
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
You can't call
114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.
Who shall I contact
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
It is essential to be reactive and immediately inform the emergency services in order to find the perpetrator (in case of a leak, for example) and to preserve clues.
If anyone is injured, help should also be alerted by dialing the 15 (Samu) or the 18 (firefighters).
When informed that a person has died, the public prosecutor may open an investigation if he considers it necessary. even in the absence of a complaint.
The judicial investigation ordered by the public prosecutor and conducted by judicial police officers and officers is called " preliminary investigation ”.
If the prosecutor has opened an investigation, he may decide to close the case, refer the case to an investigative judge for further investigation, or transfer the case to the correctional court.
Répondez aux questions successives et les réponses s’afficheront automatiquement
No follow-up ranking
If, at the end of his investigation, the public prosecutor considers that there is not enough evidence to refer the case to trial, he closes the case without further action.
Transfer to the investigating judge
If the public prosecutor has referred the case to an investigative judge, the judge may decide at the end of the investigation to refer the case to the correctional court or to order a non-suit.
Referral back to judgment
If the public prosecutor decides at the end of his investigation that the case must be tried, he shall refer the case back to the the correctional court.
The trial allows the court to consider the case and decide on the guilt of the accused.
The correctional court may also consider the civil party's claim if such a claim is made.
If the civil party makes a claim for compensation, it must explain the harm it has suffered and specify the amount of money it is asking for for each harm.
In the case of the prosecution of the perpetrator of manslaughter, the penalties for manslaughter vary depending on whether the homicide took place in the context of a motor vehicle accident or not.
Road accident
Manslaughter by a driver shall be punished to the 5 years imprisonment and €75,000 fine.
If there is an aggravating circumstance, the driver may be punished by up to 7 years imprisonment and €100,000 fine.
If there are several aggravating circumstancesHowever, the penalty may be up to 10 years imprisonment and €150,000 fine.
The following may be aggravating circumstances:
- The driver has committed a manifestly deliberate breach of a particular duty of care or safety
- The driver committed a hit-and-run
- The driver was in drunkenness or sub-narcotics or refused to submit to the checks capable of establishing that status
- The driver did not hold a driving license or his license was canceled, invalidated, suspended or detained
- The driver was driving at 50 km/h or more above the maximum speed allowed.
The driver who committed manslaughter also faces additional penalties.
The driver who committed manslaughter also faces additional penaltiesWires. Examples include:
- Suspension or cancelation of the driving license
- Prohibition of applying for a new driving license
- Prohibition on driving certain vehicles
- Confiscation of the vehicle used by the convicted person in the commission of the offenseinfringement
- Obligation to conduct a road safety awareness course.
Other manslaughter
The perpetrator of manslaughter may be punished up to 3 years imprisonment and €45,000 fine.
If there's a manifestly deliberate breach of a particular obligation of prudence or safetyHowever, the penalty may be up to 5 years imprisonment and €75,000 fine.
FYI
When manslaughter results from the aggression committed by a dog, the owner or the person who holds the dog at the time of the incident shall be punished 5 years imprisonment and €75,000 of fine. In case of aggravating circumstances (for example, the owner of the dog was clearly intoxicated), the penalty may be as much as 7 years imprisonment and €100,000 fine.
The court may also order one or more additional penalties. Examples include:
- Prohibition of carrying a weapon subject to authorization for a certain period of time
- Confiscation of weapons
- Withdrawal of hunting license.
Who can help me?
Find who can answer your questions in your region
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
FAQ
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