Speed, hazards or infrastructure: here are the circumstances in which the offence of causing death by dangerous driving applies
Court cases demonstrate the wide scope of offences with criminal implications
In everyday language, road murder is often associated with the most serious offences: drink-driving, driving under the influence of drugs, speeding or running a red light. In reality, the offence has a much broader scope.
To constitute the basic offence, as set out in Article 589-bis of the Criminal Code and punishable by imprisonment for a term of between two and seven years, it is sufficient to cause the death of a person through negligence by breaching a road traffic regulation, provided that the breach is causally linked to the incident.
The distinction is not merely theoretical. In practice, when an accident occurs resulting in deaths or injuries, a breach of an ordinary rule of the Highway Code is sufficient for the police to refer the matter to the judicial authorities.
Court cases confirm just how broad the scope of the provision is. Liability has been established, for example, in the case of a driver who had failed to adjust their speed: the obligation to behave in such a way as not to create a danger or obstruction for others is the general rule of road safety, and the duty to moderate one’s speed is a direct application of this rule.
The same approach is evident in decisions relating to pedestrian crossings: drivers must always adapt their driving to the characteristics of the area, taking into account crossings, bus stops, shops or residential properties that make it likely that pedestrians will be crossing the carriageway.
