Road homicide: what would the creation of this new offense change?

The National Assembly voted on Wednesday January 31 in favor of adopting a bill aimed at creating “road homicide”.

Transpartisan vote Wednesday in the National Assembly. The 160 deputies who spoke all spoke in favor of the proposed law to create “road homicide”. This proposal also aims to combat road violence. From now on, it is in the Senate that the text will be studied. The creation of this “road homicide”, whereas until now, in the event of death occurring in an accident, it was a question of “involuntary homicide”, was promised last July by the former Prime Minister, Élisabeth Thick headed. At the time, several road accidents, including the media one involving, in February 2023, the comedian Pierre Palmade, had greatly stirred public opinion.

“This new qualification will make it possible to put ‘words on the evils’, but it will also allow magistrates to judge better those who, voluntarily drunk or drugged, have taken a life on the road”, estimated Wednesday evening the co-rapporteur of the text, Éric Pauget. But while some, like the lawyer specializing in road law Me Rémy Josseaume with franceinfobelieve that it is above all a “cosmetic reform”, what would the adoption of this text change in concrete terms?

​​​​​​​No change in the penalties incurred

If the text is adopted as is in the Senate, the introduction of this new offense will in no way change the penalties incurred. Indeed, the terms “road homicide” will above all replace those of “involuntary homicide with aggravating circumstances”. Just as was involuntary homicide with an aggravating circumstance, “road homicide” will be punishable by seven years in prison and a fine of 100,000 euros. From two cumulative aggravating circumstances, the penalty could be up to 10 years in prison (which corresponds to the maximum possible for an offense) and a fine of 150,000 euros.

However, the text will still broaden the range of “aggravating circumstances”. Previously, these referred to driving under the influence of alcohol and drugs, driving without a license and speeding over 50 km/h. The bill adds the use of a cell phone while driving, failure to assist a person in danger and driving under the influence of legal psychoactive substances (such as medication or nitrous oxide). The text also plans to increase speeding to 30 km/h instead of 50 km/h.

Another change brought about by this bill is the increase in the number of additional penalties, including the confiscation of the vehicle with which the accident was committed. And this, even if it belongs to a third person. Also, the text plans to make sentencing mandatory in the event of alcohol or drug consumption. The suspension of the driving license will also be extended with the possibility of canceling it and not being able to repeat it for 10 years.