Inattention and recklessness in the practice of a sport, such as descending a ski slope too quickly, are faults which may constitute a criminal offence, the Court of Cassation has ruled.
For there to be a criminally punishable offence, it is not necessary that the facts took place during a competition whose specific rules would have been violated, she judged.
The author of an accident, who had hit a skier because he was descending too quickly in the sled, therefore committed an offense (for lack of inattention and recklessness), noted the judges.
Inattention led him to engage without taking into account a presence in his path and imprudence dragged him into an excessive speed which did not allow him to stop, brake or modify its trajectory, the Court observed.
Therefore, the victim has the right to apply to a compensation commission for victims of offenses or the Guarantee Fund for victims of acts of terrorism or other offences.
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(Cass. Civ 2, 25.5.2022, X 20-18.569).
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