Pierre Palmade, the comedian involved in a serious road accident on February 10, 2023, will be tried on November 20 in Melun (Seine-et-Marne) for 'unintentional injuries' and not for 'manslaughter.' The accident, which occurred on a departmental road in Seine-et-Marne, left three individuals seriously injured: a 38-year-old man, his six-year-old son, and his 27-year-old sister-in-law, who tragically lost her unborn baby.
The Melun prosecutor, Jean-Michel Bourlès, confirmed that the investigating judge did not retain the charge of involuntary homicide despite the prosecution's request for the loss of the fetus. According to consistent case law from the Court of Cassation, a fetus has no legal existence and its death cannot constitute involuntary homicide.
Pierre Palmade, who has a previous conviction for drug use in 2019, faces a sentence of up to 14 years in prison and a fine of 200,000 euros due to his state of legal recidivism. The victims' lawyer, Me Mourad Battikh, expressed disappointment over the decision to charge Palmade solely with involuntary injuries, citing the severity of the case and basic human decency.
On the day of the accident, Palmade's Peugeot 3008 veered onto the opposite lane and collided with the Renault Mégane of the Y family. Witnesses reported seeing Palmade's car swerving erratically, suggesting he may have fallen asleep at the wheel. An accidentology expertise attributed the cause of the accident exclusively to Palmade.
During his initial court appearance, Palmade expressed deep remorse for the accident's consequences, particularly the loss of the unborn baby. He admitted to being dangerous due to his drug use, despite considering himself a good person.
The court's decision not to charge Palmade with involuntary manslaughter avoided a complex legal debate. Medical expertise confirmed that the six-month-old female fetus was 'indisputably viable' before the accident. However, the Court of Cassation's consistent rulings in similar cases state that a fetus does not have legal personhood, thus its death does not qualify as involuntary homicide.
- The accident has brought significant media attention due to Pierre Palmade's celebrity status and his history of drug use. This case highlights the ongoing issues surrounding drug-impaired driving and its severe consequences.
- The legal distinction between 'unintentional injuries' and 'involuntary manslaughter' in cases involving fetuses remains a contentious topic in French law. The Court of Cassation's rulings have consistently emphasized that a fetus does not have legal personhood, which impacts how such cases are prosecuted.
