This document summarizes the key elements and penalties associated with the offense of poisoning as defined by article 221-5 of the Penal Code, including its constituent elements, moral element, and repression.
Extract
[...] Then, it is necessary to have act of positive administration : like for murder, poisoning cannot be characterized by abstentionCrim June 1993, n°93-81.372). Furthermore, once again, the letter of the article does not provide any precision as to the procedures to be used. Finally, the poisoning is a formal infraction c.à.d an offense that is repressed regardless of its result. Therefore, we can say that the victim's death is not a condition of the incrimination and the offense is committed as soon as the poison is absorbed. [...]
[...] Finally, the first two lines of the article 132-23 of the Penal Code relating to the period of safety may apply to the poisoning offense. - Regarding supplementary penalties - As for murder, poisoning can be subject to supplementary penalties provided for in the articles 221-8 to 221-11-1 of the Penal Code : - Professional ban - The prohibition on possessing a weapon - The suspension of the permit, the annulment of the permit - The obligation to complete a drug awareness training program - The confiscation of a weapon - The withdrawal of the hunting license - The obligation to complete a road safety awareness training program - The prohibition from holding a public office - Confiscation - The prohibition of stay - The prohibition of leaving the territory of the Republic - Succession Indignity - As for the attempt and complicity - Since poisoning is a crime, the attempt and complicity are always punishable. [...]
[...] Poisoning Poisoning is suppressed by article 221-5 of the Penal Code here provides that: "the act of attacking the life of another person by the use or administration of substances likely to cause death constitutes poisoning ». The Constituent Elements of the Offense As with murder, poisoning requires a a prerequisite condition : that of the character of the substance that is lethal. In fact, the author must be aware that the substance has a lethal character. In the absence of this, the qualification of poisoning cannot be retained. [...]
[...] - On the general intent: the author must have knowledge of the deadly nature of the substance given to his victim - On the special intent: the author must have the will to kill his victim However, there is a paradox with the letter of article 221-5 of the Penal Code: in fact, the Criminal Chamber, in the judgment on contaminated blood in the [...]
[...] The infraction is committed as soon as the poison is absorbed. There is a a distinction to be made between : - The administration: the author himself introduced the poison into the victim's body - The employment: the author made sure the victim ingested the poison herself - Poisoning is an intentional offense ( [...]
