The deputy LREM of Côte-d’Or returns on the reinforcement of the law Fauchon give a “protective framework” without disempowering public or private decision-makers.
Didier Paris press release of May 12, 2020:
The criminal responsibility of public and private decision-makers during the period of health crisis linked to covid-19
There is no doubt that the current health situation places public and private decision-makers before a very particular responsibility which they accept, day after day, to assume.
Their action is decisive and must be facilitated without being, constantly, worried about the criminal responsibility generated by this major crisis.
The Fauchon law of July 10, 2000 (art. L. 121-3 of the penal code), already gives, on the matter, a protective framework since the responsible, in the event of unintentional fault can not be engaged only by taking into account the nature of the missions or functions, skills and resources available to public and private decision-makers.
But it seemed to us, by agreement between the National Assembly and the Senate, that this protection should be further strengthened in the current circumstances. This is why we have modified the penal code by expressly referring to the “crisis situation which justified the state of health emergency” in the analysis which could be made of individual criminal responsibilities.
This approach does not constitute a lack of responsibility, which no one would understand, but places actions, as a local authority or an employer, for example, in relation to the difficulties of the moment and the necessary uncertainties that they generate.
The Constitutional Council, on Monday, validated without reservation, this provision of the law extending the state of emergency.
Many LREM parliamentarians, including myself, had signed a forum, published on May 3, aimed at strengthening the legal security of mayors, in particular with the aim of reopening schools.
It is in this spirit but with a broader vocation, specific to the penal code, that this text was able to be the subject of a political consensus.
We provide unfailing support to elected officials, business leaders and all public and private decision-makers to ensure, alongside the State, the management of the crisis we have been facing for several weeks and apply, in the best possible conditions, the deconfinement strategy.
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