While the car accident involving Pierre Palmade caused the death of an unborn baby, the question arises of the status of the fetus in law. What the law says ? Is a fetus considered legally viable? We take stock.
On the evening of February 10, 2023, a serious car accident involving comedian Pierre Palmade took place on a secondary road near Villiers-en-Bière, in Seine-et-Marne. A total of 5 people were injured, among them: a 6 and a half month pregnant woman, who lost her baby. Being under the influence of cocaine at the time of the facts, the actor who would be at the origin of the accident incurs a sentence of 5 years in prison. The public prosecutor of Melun has opened a judicial inquiry, for the time being, for “homicide and manslaughter per driver under narcotics” against Pierre Palmade. But can we really speak of manslaughter when it comes to a fetus?
What does the law say about the rights of the fetus?
In criminal law, manslaughter cannot be retained for a child who is not yet born. “Jurisprudence is consistent and considers that as soon as the child is not born, there can be no homicide offense because there is no human person.explained Sophie Paricard, professor of law at the National University Institute of Albi, to AFP.
When is a fetus legally viable?
For a fetus to be considered human “one must be born, alive and viable”, added the specialist. Nevertheless, case law can be overturned by a court. In 2014, the criminal court of Tarbes had tried it by judging a driver, responsible for the death of a child in utero. He had been convicted of “homicide”, because for the public prosecutor, the fetus was “viable” and that he was not “died only because of the accident”. A decision which the public prosecutor’s office had appealed and which was reversed by the Pau Court of Appeal. “The border is sometimes delicate, and it can be interesting to regularly re-examine the Court of Cassation”, explains Sophie Paricard.
Death of the fetus following the accident: what is the risk of Pierre Palmade?
In the case involving Pierre Palmade, “the investigation will have to show whether the child was born alive and then died or whether he had died before delivery. We have to determine if he lived, even for a few seconds.”declared Jean-Michel Bourlès, prosecutor of Melun, with the AFP. An autopsy should soon be performed on the deceased fetus.
If manslaughter is proven, Pierre Palmade faces a 5-year prison sentence and a fine of 75,000 euros. If several aggravating circumstances are retained, the penalty can be up to 10 years’ imprisonment and a fine of 150,000 euros. Driving under narcotics is one of them, according to the Public Service website.
Source: Manslaughter. Public service