Fugitive crime ... on foot?

You jostle someone in the street, you break his glasses ... and you go running! Is it a hit and run?

Knockout (CC mike_nelson)

Knockout (CC mike_nelson)

Chapter 1. Fugitive offense under the law

Section 1.1. Definition

A hit and run is (434-10 penal code):

The fact, for any driver of a vehicle or land vehicle, fluvial or maritime, knowing that it has just caused or cause an accident, not to stop and try to escape criminal responsibility or he may have incurred

Thus, this article mentions a number of conditions. It is necessary :

  • be the driver of a vehicle;
  • have caused an accident;
  • try to evade responsibility.

On the other hand, it is essential to have, intentionally, wanted to evade his responsibility (moral element).

Section 1.2. Applicability to pedestrians?

Therefore, it appears that if you are not a driver of a vehicle, the article 434-10 penal code does not apply.

Chapter 2. Existence of a hit and run for pedestrians?

Section 2.1. Position of the problem

We can therefore ask ourselves if there is an equivalent of this "hit and run" for pedestrians / skaters / scooters / etc.

Indeed, if these people cause damage to a third party, will they be guilty of a criminal offense if they flee or try to flee the scene of the accident?

Section 2.2. Absence of specific provisions?

After much research on the subject, I admit that I have not found provisions similar to the "hit and run" mentioned above, but applicable for a person not driving a vehicle.

Thus, it would seem that if a person causes damage to a third party, he is not risking anything particular to flee ...

Morally, I find this very damaging, but it seems that this is the case ...

(Note: your insurance "civil liability" covers you, so do not run away, it is useless ...)

Section 2.3. Special case: the danger

It should be noted, however, that if the damage you cause can endanger a person (eg, you hustle someone who falls on a railway, while the train arrives ... ouch ...), do not run away .

If not, you may be sued for no assistance to the person in danger (223-6 penal code).

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