ABSTRACT
This chapter argues that the involvement of victims at an early stage of the proceedings, the role of juge d’instructions and the absence of juries in criminal proceedings for offences which penalise negligent conduct are factors which have a substantial role in explaining the greater number of prosecutions leading to convictions of medical professionals and health officials in France. In France, an alleged victim of healthcare negligence can choose to either sue for compensation in civil or administrative courts or lodge a criminal complaint with or without constitution de partie civile. The decision to prosecute healthcare professionals, officials or institutions for ‘negligence’ offences rests on the Ministère Public (MP) in France and the Crown Prosecution Service (CPS) in England and Wales. The MP and the CPS have a similar role in cases of healthcare negligence in France and England and Wales.
