The Senate approved the creation of a new offense of “road homicide” for accidents on the road, expanding the scope of this offense at the initiative of the right-wing. The proposed law was initially very consensual but sparked some partisan debates during its examination in the upper house of Parliament. The text aimed to respond to demands from victim associations who no longer want the legal qualification of “involuntary manslaughter” in the case of road deaths, replacing it with the symbolic term of “road homicide” when aggravating circumstances exist, such as speeding or drug use.
The Minister of Justice, Eric Dupond-Moretti, emphasized that it was important for the law not to exacerbate the suffering of victims with its wording. The Senate’s right-wing majority significantly revised the text by including all offenses committed by a driver under the new designation of “road homicide,” including cases such as driving while fatigued. However, the differentiation in the penalties that could be imposed was maintained. The Senate’s move to introduce mandatory minimum sentences for certain cases of “road homicide” was met with criticism from the Minister of Justice and the left-wing.
The discussions became heated, particularly regarding the topic of mandatory minimum sentences, with sparring between Francis Szpiner and Eric Dupond-Moretti, both lawyers by profession. The right-wing proposed a minimum sentence of two years of imprisonment for certain cases of “road homicide,” reintroducing a measure from the Sarkozy era. This proposal was met with resistance from the left-wing, with Senator Marie-Pierre de La Gontrie highlighting that while all mourning is equal, not all criminal acts are. The Minister emphasized the need for effectiveness over demagogy in legislation.
Despite being approved in committee, the proposal for mandatory minimum sentences was ultimately rejected in the plenary session, with the centrist group allied with the right-wing distancing themselves from what they perceived as a political marker that could jeopardize the parliamentary process. The debate surrounding the creation of the offense of “road homicide” highlighted the tensions between different political factions and the challenges of finding a balance between justice for victims and the severity of penalties for offenders. The issue remains contentious, with disagreements over the appropriate legal framework for dealing with road accidents resulting in fatalities.
