Geoffrey Branger with AFP / Photo credit: GEOFFROY VAN DER HASSELT / AFP
A “symbolic” name change: Elisabeth Borne will announce this Monday the creation of a “road homicide” instead of the “manslaughter” by driver which shocked the associations and relatives of victims, but without going so far as to increased penalties.
“We change the name of the facts”
The Prime Minister will chair Monday afternoon at Matignon the Interministerial Committee for Road Safety (CISR), which had not met for five years. She will announce several measures, including the creation of the qualification of “road homicide”, a name claimed by associations for the defense of road victims. “We had a manslaughter by driver (…). Tomorrow, instead of talking about manslaughter, we will talk about road homicide: we are not changing anything else, we are changing the name of the facts”, indicated Matignon Sunday evening by revealing this measure.
The families of victims were “shocked by this qualification of manslaughter”, argued the entourage of the Prime Minister. The change of name will also apply to injuries, also described tomorrow as “road” and no longer “involuntary”.
No advanced implementation date
The measure, for which no date of application was advanced on Sunday, “does not change anything in terms of repression. On the other hand, symbolically, we come to mark that we hear the unacceptable character (of the word) involuntary” , argues the entourage of the Prime Minister. “It is a recognition of the victims”, insists Matignon, who intends “to better support (them)”.
Associations and lawyers for victims interviewed by AFP did not hide a certain disappointment. “We still thought they would go further than semantic change. It’s better than nothing, but what is the message? Above all, we wanted tougher sanctions and accompanying measures,” he regretted to AFP. Jean-Yves Lamant, president of the League against road violence. “It’s not a setback but it’s a missed opportunity. It will have no effect in the reality of things,” he said.
A “cosmetic” measure
Worn for ten years by two families, the claim of a “road homicide” was taken up by the association created by the starred chef Yannick Alléno after the death in May 2022 of his son Antoine, hit by a driver. The cook has been asking for several months that road homicide be an independent offence. His association told AFP on Sunday that it would communicate on Monday on the system proposed by the government.
For Me Vincent Julé-Parade, a lawyer specializing in the defense of victims of road violence, the government’s proposal is “a measure that costs nothing”, “cosmetic”, “which is not courageous”. “It’s a popular measure, which has no technical consequences. We change a word. But is it a road safety measure? No”, he decides, saying he doubts that “this influences criminal policy courts”.
Another lawyer contacted by AFP, who did not wish to be identified, believes that “the repression, on paper, was sufficient”. “This change is to mark the difference. The penalties are quite severe, especially when there are two offenses combined, such as the use of narcotics or the consumption of alcohol”, he notes.
Up to 10 years imprisonment with aggravating circumstances
By becoming “road homicide” by a modification of the penal code, the “manslaughter” committed by a driver will remain punishable up to 5 years of imprisonment and 75,000 euros fine. The penalties incurred will remain increased to seven years in prison and a fine of 100,000 euros with an aggravating circumstance (driving under alcohol or narcotics, lack of a driving licence, hit and run, very excessive speed, etc.), ten years and 150,000 euros if several of these circumstances are met.
A first step for Yves Carra, spokesperson for the association Mobilités Club France, who would like the existing penalties to be really applied. “This change in semantics is a request from the associations. What we are asking for is that the texts be applied when there is an accident with aggravating circumstances such as alcohol, drugs or very high speed. The semantics is a good thing, but it will take the actions behind”, he insists at the microphone of Europe 1.
“Perhaps this semantic modification will motivate us to increase the penalties and use the texts. There should also be follow-up for the families, for the victims and for those around them. , because it is necessary. It is a bit of a lack that we have today in France. There should be more monitoring and more consistent application of the texts of laws, which already exist. “, continues Yves Carra.
Before chairing the CISR, Elisabeth Borne will visit a post-care and rehabilitation center for road accident victims in Seine-et-Marne, accompanied by her ministers Gérald Darmanin (Interior) and François Braun (Health).
3,260 people died on the roads in 2022
According to figures from Road Safety, in 2022, some 3,260 people died on the roads of mainland France, a balance sheet at a stable level compared to 2019, the last reference year before the pandemic.