Poisoning consists of attempting to take another person's life by using or administering substances capable of causing death. 

It is defined and punishable under Article 221-5 of the French Criminal Code.

1. The Physical Element of the Offence of Poisoning 

For the offence of poisoning to be established, a substance capable of causing death must be used or administered to another person. In other words, the offence requires a positive act, regardless of the means by which it is carried out. 

The substance must be capable of causing death. 

The use or administration of the substance is sufficient, regardless of whether the person dies or not: it is a formal offence, which is considered complete regardless of the outcome. 

2. The mental element of poisoning 

The perpetrator must intentionally administer a substance that they know is capable of causing death. 

According to the statutory provisions, it is not necessary for the perpetrator to have intended to cause death (animus necandi). However, case law requires such intent. 

Penalties 

Poisoning is punishable by 30 years' criminal imprisonment. 

Attempted poisoning is punishable, but the mere purchase of a lethal substance is not sufficient to constitute an attempt. 

Distinction Between Poisoning and Murder 

Whereas murder requires that the victim actually dies in order for the offence to be completed (an offence against life), poisoning is complete as soon as a lethal substance is administered, regardless of whether the victim dies or not (an offence endangering life). 

Furthermore, unlike murder, which may be committed by any means, poisoning is committed only through the specific act of administering a lethal substance. 

For more information on murder, see the article on murder.

Distinction Between Poisoning and the Administration of Harmful Substances 

When the substance used is harmful to health, rather than inherently lethal as in the offence of poisoning, the offence of administering harmful substances applies.  

The distinction between a substance that is harmful to health and a lethal substance can sometimes be difficult to draw, as a harmful substance may become lethal depending on how it is used, the quantity administered, and the victim's individual susceptibility. 

If the harmful substances cause the victim's death, the offence may be classified as intentional violence resulting in death without intent to kill. 

For more information on the administration of harmful substances, see the article on the administration of harmful substances.

Your Criminal Defense with Maître Lois Pamela LESOT

Have you been the victim of, or are you under investigation or accused in, a poisoning case?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

The firm regularly advises and defends both victims and individuals accused in poisoning cases, as well as in relation to all other criminal offences, including murder, premeditated murder, and the administration of harmful substances.

If you wish to file a criminal complaint for acts of poisoning, you can read this article.
If you are under investigation or accused of poisoning, you can prepare for police custody by reading this article, and for a voluntary interview by reading this article.

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