The new name “does not change anything in terms of repression but it has a strong symbolic dimension”, argues Matignon.
The amendment is fraught with meaning for the victims and their loved ones. The government wishes to create the qualification of“road homicide”, said Matignon, Sunday July 16, on the eve of announcements by Prime Minister Elisabeth Borne. The idea is to modify article 221-6-1 of the penal code so that the acts of manslaughter committed by the driver of a motor vehicle can be qualified “road homicide”whether the facts are aggravated or not (with or without the circumstance of alcohol or narcotics).
The Minister of the Interior had mentioned, in February, the creation of this new qualification. Gérald Darmanin then explained that he was “in close collaboration with Eric Dupond-Moretti [le garde des Sceaux] to rename fatal accidents caused by drugs and alcohol as ‘road homicide'”. A track that has since been put aside.
For now, the penal code distinguishes voluntary homicide from manslaughter, depending on whether or not the perpetrator intended to attempt the life of the person who was killed. When manslaughter is committed while driving a motor vehicle, it is punishable by a five-year prison sentence and a fine of 75,000 euros (article 221-6-1 of the penal code), unlike simple manslaughter which is punishable by three years’ imprisonment and a fine of 45,000 euros (article 221-6 of the penal code).
“Strong symbolic dimension”
Currently, the victims or the families of victims are struck by the qualification of “involuntary”, in particular when the author was under the influence of an alcoholic state and/or under the influence of narcotics. Indeed, if the driver did not intend to attempt the life of the deceased person, he knowingly took to the road after consuming products incompatible with driving.
The new qualification of“road homicide” “does not change anything in terms of repression but it has a strong symbolic dimension”, argues Matignon. This marks the importance of “name this behavior”and emphasize its “unacceptable character”. It is an act for “better support for victims” And “recognize them better”. The injured are also concerned: injuries, in the future, will be qualified as “road” and no longer“involuntary”.
By becoming “road homicide” by a modification of the penal code, the “manslaughter” committed by a driver will be punished up to 5 years in prison and a fine of 75,000 euros. The penalties incurred will remain increased to seven years in prison and a fine of 100,000 euros with an aggravating circumstance, ten years and 150,000 euros if there are several.
Impossible to know when this new name will come into force since it is a question of modifying the law. However, Matignon is confident, suggesting that many parliamentarians are ready to step up “to have a bill very soon”.