Summer is here, and with it the high temperatures. A heat which, in the passenger compartment of a car, can turn into mortal danger.
A child or an animal can die in just a few minutes when locked in an overheated cabin. But, if you witness an imminent danger, do you have the right to break a window to save the occupant?
Right or moral duty?
These are two opposing concepts here: you do not have the right to break the window of a vehicle that is not yours, but moral duty requires you to intervene to save the child who would be a prisoner of the overheated passenger compartment.
The law is formal, the owner of the vehicle could, if he wishes, file a complaint against the person who damaged his vehicle.
The destruction or degradation of property belonging to others is indeed punished and provided for in the penal code. But then what to do?
What is the instruction ?
In this kind of situation, if you believe that the child or the animal is in danger, you must act quickly because every second counts.
– Contact the firefighters who can break into the car to get the child out, but also take him to the nearest emergency service, or provide him with first aid.
– Contacting the police or the gendarmerie is also a good reflex, because they can also draw up a report and break a window.
– But first of all, if you consider that the situation is urgent and that the occupant is in imminent danger, you can decide to break the window to help him.
How to protect yourself?
The ideal, in this situation would be to surround yourself with one or more witnesses. They will be able to attest to your good faith. Take their surname, first name, contact details and telephone number.
We all have a camera in our smartphone. Use it, take as many photos or videos as possible to document the situation and its urgency.
The law protects you
Obviously, if the immediate danger is proven and the life of the child or the animal is threatened, the law is there to protect you.
The Penal Code indicates that “in the face of a present or imminent danger which threatens oneself, others, or property, the person who performs an act necessary to safeguard the person or property is not criminally liable”.