Destruction, degradation or unintentional deterioration of property (by fire or explosion)

Destroying, degrading, or deteriorating involuntarily property belonging to another person may be a offense.

For the offense to be committed, the perpetrator must have cumulatively:

• destroyed, degraded or deteriorated involuntarily the property belonging to others,
• provoked an explosion or fire,
• failure to comply with an obligation of prudence or safety provided for by law or regulation (decree, prefectural decree...).

The offense is unintentional because the perpetrator did not wish to provoke the consequences of the offense. There is no need to show that he intended to destroy, degrade or deteriorate the property in order for the offense to exist.

The goods concerned may be movable property (for example, garage door, bicycle, cupboard) or real estate (house, factory, plantations, forest...).

For example, a person throws out his or her poorly extinguished cigarette as it passes through a forest, resulting in a fire that destroys homes near the forest.

It is because the author acted in a manner that reckless that he commits a infringement. Recklessness results from a failure by the perpetrator to comply with a prohibition or obligation under law or regulation. For example, a person burns his vegetable waste in his garden while a prefectural order prohibits fires in the department.

The means used by the offender must have resulted in a fire or a explosion. For example, the person has a barbecue that causes a fire.

In order to ascertain the maximum penalties which may be imposed on the perpetrator, a distinction must be made between the involuntary violation of the manifestly willful violation.

In the case of a manifestly deliberate violation, the perpetrator knows that he is not complying with a duty of care or safety imposed by law. He acts with knowledge of the facts.

The offense is prescribed by 6 years from the fact-finding commission. After this period, the case can no longer be brought before the courts.

The victim which has had its property destroyed, degraded or deteriorated may complain. If they do not know the offender, they can use the online pre-complaint.

In the event of a trial, the victim may to obtain compensation for the damage caused.

The victim must to form civil party to request damages.

The civil party must make its claim for compensation either at the trial in court, or to the Commission for the Compensation of Victims of Crime (Civi) by presenting its supporting documents (invoices, medical certificates, attestations...).

The material damage may be financially repaired taking into account the value of the destroyed property or the amount of repairs carried out, for example.

The non-material damage may also be compensated (e.g. sentimental value of destroyed object, death of family member).

Other harms may also be recognized as the personal injury in case of injuries (e.g. scar), the economic damage (e.g. costs related to new accommodation following house fire).