This is a trial about involuntary manslaughter, the defendants are charged with criminal offences under the French Penal Code, the operative provisions of which are:
ARTICLE 111-5
Criminal courts have jurisdiction to interpret administrative decisions of a regulatory or individual nature, and to
appreciate their legality where the solution to the criminal case they are handling depends upon such examination
ARTICLE 113-4
French Criminal law is applicable to offences committed on board aircraft registered in France, or committed against
such aircraft, wherever they may be. It is the only applicable law in relation to offences committed on board French
military aircraft, or against such aircraft, wherever they may be.
ARTICLE 121-3
(Act no. 1996-393 of 13 May 1996 Article 1 Official Journal of 14 May 1996; Act no. 2000-647 of 10 July article 1 Official
Journal of 11 July 2000)
There is no felony or misdemeanour in the absence of an intent to commit it.
However, the deliberate endangering of others is a misdemeanour where the law so provides.
A misdemeanour also exists, where the law so provides, in cases of recklessness, negligence, or failure to observe
an obligation of due care or precaution imposed by any statute or regulation, where it is established that the offender
has failed to show normal diligence, taking into consideration where appropriate the nature of his role or functions, of his
capacities and powers and of the means then available to him.
In the case as referred to in the above paragraph, natural persons who have not directly contributed to causing the
damage, but who have created or contributed to create the situation which allowed the damage to happen who failed to
take steps enabling it to be avoided, are criminally liable where it is shown that they have broken a duty of care or
precaution laid down by statute or regulation in a manifestly deliberate manner, or have committed a specified piece of
misconduct which exposed another person to a particularly serious risk of which they must have been aware.
PENAL CODE
SECTION II
INVOLUNTARY OFFENCES AGAINST LIFE Articles 221-6 to
221-6-1
ARTICLE 221-6
(Act no. 2000-647 of 10 July 2000 Article 4 Official Journal of 11 July 2000)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January
2002)
Causing the death of another person by clumsiness, rashness, inattention, negligence or breach of an obligation of
safety or prudence imposed by statute or regulations, in the circumstances and according to the distinctions laid down
by article 121-3, constitutes manslaughter punished by three years' imprisonment and a fine of €45,000.
In the event of a deliberate violation of an obligation of safety or prudence imposed by statute or regulations, the
penalty is increased to five years' imprisonment and to a fine of €75,000.
Do any of the defendants fit the bill ?
If so which ones and why.
It would be interesting to see how the forum judges the issues, within the constraints of the legislation.