Trash or forest fire: what are the penalties?

Verified 31 May 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

A fire start can be of human origin. If the fire results in the destruction or deterioration of property and endangers persons (explosion or fire) and the perpetrator is found guilty by the courts, it can be punished. The perpetrator may have acted recklessly or willfully. The person who has suffered damage may claim compensation.

Out of recklessness

A person may have started a fire out of recklessness, that is, he or she did not start the fire in order to intentionally destroy property and have consequences for those around him or her.

In order to be convicted, the author must cumulatively :

  • Have destroyed, degraded or deteriorated property belonging to others
  • To have acted by involuntary manner or manifestly deliberate manner. For example, a person throws out a misfired cigarette as it passes through a forest, resulting in a fire that also destroys homes near the forest. For the 2nd case, it may be a person who makes a fire in his garden she knows about the municipal decree that prohibits fires in the commune.
  • Have used dangerous means like an explosion or a fire
  • Have failure to comply with an obligation of prudence or safety rules and regulations by law or by-law (such as a company or by-law)

In case of involuntary violation of an obligation of prudence or security, the penalty can be up to 1 year in prison and €15,000 of fine.

In the case of a manifestly deliberate breach of this obligation, the penalty may be up to 2 years in prison and €30,000 of fine.

Depending on the degree of damage to property and persons, penalties may be increased.

  • In case of wood fire, forests, heaths, scrubland..., the sentences are increased to 2 years in prison and €30,000 of fine. In the event of a manifestly deliberate breach of this obligation, the penalties shall be increased to 3 years' imprisonment and €45,000 of fine.
  • In case of death of a person: if there is an unintentional breach of an obligation of prudence or security, the penalties are increased to 7 years imprisonment and €100,000 of fine. In the case of a manifestly deliberate breach of this obligation, the penalties shall be increased to 10 years' imprisonment and €150,000 of fine.

The person who has suffered damage may claim compensation and may complain. It is possible to use online pre-complaint.

The victim may obtain compensation for his damages during the criminal trial.

Material damage is the value of the property destroyed or the amount of the repair made.

Pain and suffering can be compensated: this corresponds to the sentimental value of the destroyed object, the loss of a loved one...

Such losses must be quantified in euro.

It is also possible to ask for compensation from the Commission for the Compensation of Victims of Crime (Civi).

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

Voluntarily

The author must have destroyed, degraded or deteriorated property belonging to another person by virtue of explosive substance, a fire or any other means likely to create a danger for people.

These facts must be committed voluntarily.

Example :

  • A person sets a residential building on fire by burning gasoline spilled under the front door.
  • A person puts an explosive device in a garbage can, causing a fire, which destroys the commercial premises next to it, resulting in the death of a person.

These offenses are punished and the penalties are increased according to the damage suffered by the victim.

The sentence can be up to 10 years in prison and €150,000 of fine.

It is aggravated in the event of the death of a person, the penalty may be up to criminal imprisonment and €150,000 of fine.

Attempting to commit an offense is punishable by the same penalty.

The person who has suffered damage may claim compensation and may complain. It is possible to use online pre-complaint.

The victim may obtain compensation for his damages during the criminal trial.

Material damage is the value of the property destroyed or the amount of the repair made.

Pain and suffering can be compensated: this corresponds to the sentimental value of the destroyed object, the loss of a loved one...

Such losses must be quantified in euro.

It is also possible to ask for compensation from the Commission for the Compensation of Victims of Crime (Civi).

The offense or attempted offense is prescribed by 6 years from the commission of the facts.

The crime is prescribed by 20 years from the commission of the facts.

After these delays, the case can no longer be brought before the courts.

Who can help me?

Find who can answer your questions in your region

  • 116 006 - Victim Assistance Number

    Listen, inform and advise victims of crime and their families.

    By telephone

    116,006

    Free call

    Open 7 days a week from 9am to 7pm

    The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).

    By email

    victimes@france-victimes.fr