Chapter

<i>Fraudes, Homicides</i> and the Role of the <i>Partie Civile</i>

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0014
Fraudes, Homicides and the Role of the Partie Civile

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This chapter examines the relationship between criminal responsibility for product safety and compensation in French law. It begins by distinguishing two broad questions in setting out the pieces of the traditional picture of the involvement of the criminal process in imposing liability in damages for death and personal injuries: the substantive criminal law, whom it governs, and the role of the partie civile. These points are illustrated with cases in which liability for products has been in issue. The chapter then discusses legal and procedural changes affecting the role of the criminal courts in the imposition of liability in damages for death and personal injuries. It looks at the proceedings related to the continued supply of HIV-infected blood products in France in the course of late 1984 and 1985, which were brought to seek to establish criminal offences in those allegedly responsible.

Keywords: French law; product safety; product liability; criminal responsibility; partie civile

Chapter.  22267 words. 

Subjects: Comparative Law

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