Extract
[...] As a result, Pierre may see his personal criminal liability engaged. La répression When a simple fault is qualified, the author of the involuntary attack on the physical integrity of another person faces a sentence of 2 years' imprisonment and a fine of ?30,000. If he commits a serious fault, this sentence is increased and corresponds to 3 years' imprisonment and a fine of ?45,000. In this case, Pierre committed a serious fault, he manifestly violated a particular obligation of prudence and safety. [...]
[...] Therefore, the manager may be prosecuted for involuntary homicide. La répression In law, article 221-6 of the Penal Code provides for a penalty of 3 years' imprisonment and a fine of ?45,000 for the commission of involuntary homicide. Regarding the penal responsibility of the company head, he may be exempt from penal responsibility when a delegation of power is characterized (Cass. Crim June 1902). This delegation of power must be precise and circumscribed, stable, prior to the offense and necessary. [...]
[...] There can only be one delegate per mission. In this case, the manager said he had delegated to two employees the mission to ensure compliance with safety standards, he made a double delegation for the same mission. Furthermore, nothing indicates that the employees had the necessary powers to exercise this mission. As a result, the manager will not be able to escape his responsibility by delegating power and exposes himself to a penalty of 3 years' imprisonment and a fine of ?45,000. [...]
[...] The Construction Site Accident In this case, a worker drops a tool that hits the unprotected head of another worker, who is not wearing a helmet, causing his death, the company manager claims not to be responsible because he entrusted the management of safety to two employees. What penal qualifications can they be formed? The qualification of the involuntary homicide offense In law, article 221-6 of the Penal Code sanctions an offense of causing the death of another person in an involuntary manner, through clumsiness or negligence, with a penalty of 3 years in prison and a fine of ?45,000. [...]
[...] In this case, the manager Denis RAOULT certainly committed a fault in the surveillance of the application of safety standards since the worker was not wearing a helmet. A simple fault can be attributed to this manager. The link of causality In law, causality in the case of a simple fault must be direct and certain. In this case, the lack of supervision is directly linked to the worker's death because if safety standards had been respected, his helmet would have protected him. As a result, the materiality of the involuntary homicide can be characterized against the actions of the manager. [...]
