What is the penalty for involuntary homicide in Tunisia?

Answer by the AvoConsulte editorial team

Under article 217 of the Penal Code, a person who causes a death involuntarily, through clumsiness, recklessness, negligence, inattention or failure to observe regulations, is punished by two years' imprisonment and a fine of 720 dinars. The judge can reduce the penalty where there are mitigating circumstances.

What must be proved

Unlike murder, there is no intention to kill. The prosecution must establish a fault of one of the kinds listed and a causal link between that fault and the death. Common situations include road accidents, workplace accidents, medical errors and building collapses. Without a proven fault, there is no conviction.

Mitigating circumstances and suspended sentences

Article 53 of the Penal Code allows the court to go below the legal minimum when the circumstances justify it, and to suspend a prison sentence for someone not previously sentenced to imprisonment for a crime or délit. If there is no new prison sentence for a crime or délit within five years, the suspended conviction is treated as void. A suspension does not cover damages.

Road accidents

When the death results from a traffic accident, the Highway Code adds its own consequences: involuntary homicide and injury are among the cases in which a driving licence can be withdrawn, for a period set by the Code. Driving under the influence of alcohol is a separate offence that can be prosecuted at the same time.

Compensation is separate

The criminal penalty does not compensate the family. The heirs can join the criminal case as a civil party or sue in the civil court; in traffic accidents, the insurer pays compensation under the Insurance Code, using legal scales.

Every case turns on its facts, and a criminal lawyer can assess the risks for the accused or the family's rights.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code pénal – De l'homicide involontaire (art. 217) Jurisite Tunisie
2. Code pénal – De l'application des peines (art. 53) Jurisite Tunisie
3. Tunisie – Un nouveau code de la route, en attendant un code de bonne conduite (21 août 2009) Business News
4. Code des assurances (avec textes d'application) Comité Général des Assurances (édition de l'Imprimerie Officielle)