Pulling out your cell phone to capture images rather than helping an individual can be called non-assistance to a person in danger. An offense punishable by five years’ imprisonment and a fine of 75,000 euros.
An extremely violent scene filmed by a witness. This Sunday in Villeparisis, in Seine-et-Marne, a man was kidnapped in the middle of the street by four individuals. The images of the attack were relayed on social networks and caused a lot of reaction from Internet users.
They have in particular aroused criticism: why does the witness brandish his phone and film the scene instead of helping the victim? In this case, it is not known whether the witness called the emergency services. In addition, the aggressors were numerous and armed, which may prevent intervention.
But the question can be asked in many cases. Today, faced with an incident or a violent scene, many have the reflex to take out their phone. What are the risks?
No aggravating circumstances in case of registration
This situation falls within the framework of non-assistance to a person in danger, defined in article 223-6 of the Penal Code, which “is punishable by five years’ imprisonment and a fine of 75,000 euros”. For one to be able to speak of non-assistance to a person in danger, it is necessary that this assistance has been able to prevent harm to the bodily integrity of the victim and that the person has been able to prevent it without putting himself endanger him or others.
“You also need a moral element with a desire not to provide assistance and an awareness of the danger of the victim”, specifies with BFMTV.com Tiphaine Bouglon, doctoral student in digital law. Assistance can therefore, in some cases, be simply the fact of calling for help, explains the researcher.
Within the framework of this law, there are no aggravating circumstances referring to the fact of having filmed the scene, in addition to non-assistance. “But this can be taken into account during the trial”, explains Tiphaine Bouglon.
“It may not help the person in his defense,” she adds.
“Happy slapping”
Since 2007, there has been a law that specifically targets the act of filming a scene of violence. It was created to avoid the “happy slapping“which consists of filming the physical aggression of a person.
Thus, through article 222-33-3 of the Penal Code, a person can be qualified as an accomplice if he records a video of such a scene. “In this case, the judge must nevertheless show the fact that the individual was aware of participating in the crime or offense and that he was doing it knowingly”, explains Tiphaine Bouglon.
In addition, broadcasting the recording of such images is punishable by five years’ imprisonment and a fine of 75,000 euros.
However, “the framework of this law is narrow and only concerns acts of torture and sexual assault or harassment”, specifies Tiphaine Bouglon. The example of the Villeparisis kidnapping therefore does not fall within the scope of this law.
Evidence
“Beyond the texts, there is always a lot of work by the judge to demonstrate the will and the intention behind the act,” she explains.
Indeed, capturing images in front of a violent scene can also make it possible, in certain cases, to provide evidence or help the investigation. For illustration, the government site “Stop the violence” recommends even to transmit to the victim all “evidence: photos, videos, sound recording…” that a witness could have.
Tiphaine Bouglon, doctoral student in digital law, also says that there is currently little condemnation for “happy slapping” in France.
