The idea of creating an autonomous offense of “road homicide” is not new. In February 2019, the deputy Claire O’Petit (formerly LREM), raised the question of a reform of the penal code to better take into account the severity of driving behaviors. She then proposed to include a new offense in the penal code, distinct from manslaughter, to better qualify the facts involving a driver who consciously took the steering wheel under alcohol or drugs.
Hardened sentences and a revised framework: what the law changes
What changes is the creation of an autonomous offense: road homicide. Until now, drivers responsible for driving have been prosecuted for manslaughter, a qualification deemed insufficient by the families of the victims. From now on, the penal code will distinguish the cases where death has been caused by a seriousrrrifying offense, especially in the event of alcohol levels, drug use, speeding or driving without a license. The basic sentences were also revised upwards: up to 7 years in prison and 100,000 euros, compared to 5 years and 75,000 euros before.
When the alleno and palmade affairs move the law
In May 2022, Antoine ALLENO, son of chef Yannick Alléno, was fatally struck in Paris by a drunk driver behind the wheel of a stolen car. Since then, the chef has fought beak and nail so that the offense of “road homicide” comes into force. He even created an association bearing the name of his son in July 2022. But it was in February 2023 that a case really put the file on the table. Pierre Palmade, then under the influence of cocaine, caused a serious road accident involving a 40 -year -old man, a pregnant woman and a 6 -year -old child.
The lack of prosecution for homicide and the qualification of simple involuntary injuries, despite the severity of the facts, arouse a wave of indignation. Faced with what many perceive as a legal and moral flaw, the families of victims redouble their mobilization. This pressure, relayed by several deputies, pushes the government to bend. A few weeks later, the bill aimed at creating an autonomous offense of road homicide was filed in the National Assembly.
Alcohol and narcotics: figures that weigh heavy on French roads
According to the government’s website around road safety, each year, nearly 700 people are killed on the roads in accidents involving a driver in the influence of drugs. It is a deadly accident in five, a share that climbs to one in three at night and on weekends. Cannabis, in particular, multiplies by 1.65 the risk of being responsible for a fatal accident due to its effects (drowsiness, alteration of reflexes, decrease in the awareness of danger).
Beyond the drug driving, half of the drivers involved in a fatal accident also presents a rate of alcohol higher than the authorized limit. This explosive cocktail multiplies by 29 the risk of fatal accident. Faced with this observation, the state has strengthened road controls (more than 770,000 screenings in 2022) and provides, in the event of recurrence, heavier sanctions, such as automatic vehicle confiscation and the cancellation of the driving license.
This law must still pass into the hands of Emmanuel Macron before being definitively promulgated. It has a period of fifteen days to promulgate it. It is to the Élysée that the ultimate signature will be affixed to this text to this text brought by families of victims and largely supported by public opinion.
