The administration of harmful substances is a criminal offence provided for and punishable under Article 222-15 of the French Criminal Code.

1. The material element of the offence of administering harmful substances 

The administration of a harmful substance… 

For the offence to be established, a positive act is required, namely the administration of harmful substances to another person.  

The substance may be liquid, solid, gaseous or take another form. 

In any event, it must be harmful to health. However, it must not be lethal, in which case the offence constitutes poisoning. 

The distinction between a substance that is harmful to health and a lethal substance can be complex, since a harmful substance may become lethal depending on how it is used, the quantity administered and the victim’s individual predispositions. 

If the harmful substances result in death, the acts may constitute the offence of intentional violence resulting in death without intent to cause death. 

For more information on poisoning: article on poisoning

…which causes harm to the victim’s physical or psychological integrity 

The substance must cause harm to the victim’s integrity: there must be a direct causal link between the administration of the substance and the objectively established harm suffered. 

Thus, unlike poisoning (a formal offence: the administration of the lethal substance is sufficient, regardless of the outcome), the administration of harmful substances is a result-based offence requiring actual harm to have occurred. 

2. The intentional element of the offence of administering harmful substances 

The perpetrator must have knowingly administered the substance that is harmful to health and must have intended to harm the victim’s health or cause harm to their physical or psychological integrity.  

Penalties 

The offence of administering harmful substances is punishable in the same manner as intentional violence, namely according to the harm caused. 

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a case involving the administration of harmful substances?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in cases involving the administration of harmful substances, as well as in relation to all types of criminal offences, including murder, premeditated murder or poisoning.

If you wish to file a criminal complaint regarding the administration of harmful substances, you can consult this article.
If you are accused of administering harmful substances, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article published on June 11, 2024 | By Lois Pamela LESOT