As Farid was leaving his home, he was the victim of an assault. He suffered both physical and emotional harm and doesn’t know what to do. His friend advises him to have his condition assessed urgently, particularly for the evaluation of ITT. What does this mean?

What does ITT mean?

The concept of ITT poses a difficulty in understanding. The acronym actually covers two notions used in criminal law and civil law in the context of damage assessment.

1. Criminal Law

In criminal law, ITT stands for Incapacité Totale de Travail (Total Incapacity for Work). It’s a legal concept that is not defined by the Criminal Code but is specified by jurisprudence.

The notion of ‘work’ here refers to any physical activity. ITT is therefore the period during which the victim is unable to normally carry out their daily activities, such as washing, dressing, going shopping, etc., whether for physical or psychological reasons. Total incapacity for work can therefore be observed for all people, even children.

An ITT can occur following voluntary or involuntary violence and can be determined by a general practitioner or emergency physician according to the victim’s choice, or by a forensic doctor from the Medico-Legal Unit (UMJ) on judicial requisition.

The doctor, after examining the victim, draws up an Initial Medical Certificate (CMI) which sets the duration of the total incapacity for work in days or months. The certificate noting an ITT reports all the injuries that the doctor can observe, it must describe as precisely as possible the lesions observed during the examination and/or the pain felt. The ITT can be reassessed depending on the victim’s condition.

An ITT can also be determined in the absence of physical injury if the victim has suffered significant psychological trauma.

ITT is in a way a unit of measurement used in criminal law to quantify the injuries suffered by a victim. It is an essential notion that allows for qualifying the level of severity of the offense.

ITT should not be confused with sick leave. A medical certificate noting an ITT is not equivalent to sick leave and therefore cannot legally justify an absence from one’s employer. Moreover, the two may not coincide. For example, the doctor who examined a victim of minor violence may assess the ITT at 2 days for criminal purposes, but consider that the psychological consequences justify 5 days of sick leave.

2. ITT in Civil Law

‘Total incapacity for work’ differs from ‘total temporary incapacity’, a notion replaced by that of Déficit fonctionnel temporaire total (Total Temporary Functional Deficit – DFT) since 2006. The determination of DFT is intended to compensate for the loss of quality of life as well as the usual joys of daily life (Court of Cassation, May 28, 2009, n°08-16.829).

The Dintilhac report defines DFT as “the period prior to consolidation, during which, due to the consequences of the injuries and their evolution, the victim is totally incapable of pursuing their usual activities, whether or not they engage in paid work“.

The compensation due after an assault or a road accident is actually calculated by the DFT.

This truly allows to certify that a person has been the victim of such an accident or assault and then gives them the right to benefit from compensation.

Following an examination, the doctor determines the DFT in percentage or class:

• ITT or GTT: Total Temporary Incapacity at 100%
• ITP or GTP class 4: Partial Temporary Incapacity at 75%
• ITP or GTP class 3: Partial Temporary Incapacity at 50%
• ITP or GTP class 2: Partial Temporary Incapacity at 25%
• ITP or GTP class 1: Partial Temporary Incapacity at 10%

The calculation of compensation depends on the percentage of total impairment.

How to determine ITT?

Different elements are taken into account by the doctor: the duration of significant disruption in the victim’s daily and usual activities caused by injuries or disorders (physical and psychological) resulting from violence or injuries suffered; the separation of the victim from their family environment; loss of enjoyment; temporary loss of prospects; and disturbances caused in living conditions.

Elements not to be taken into account are the duration of sick leave, the duration of possible hospitalization, and the social and professional situation.

Why determine the duration of TTD?

When a victim of violence files a complaint, the duration of TTD helps to qualify the offense, thus determining the competent jurisdiction to judge the perpetrator (police court or correctional court) and the potential sentence.

Establishing the duration of TTD is therefore essential for the proper prosecution of the incriminated acts. Once this period is determined, it is possible to qualify the offense and determine the competent jurisdiction. A distinction must be made between voluntary and involuntary violence.

1. Voluntary violence

This refers to violence inflicted intentionally on a victim, which can be physical (blows) or psychological (threats, harassment…) and are sanctioned in the same way.

Violence resulting in no TTD or TTD less than or equal to 8 days

• Violence resulting in no TTD is considered minor violence. It assumes an infringement on the integrity of others, but the victim is not hindered in performing daily life tasks. Except in cases provided for by Articles 222-13 and 222-14 of the Penal Code (aggravating circumstances), these are simple police offenses punishable by a fine provided for 4th class contraventions (750 euros fine). An additional penalty may also be provided, such as license suspension or confiscation of the item used to commit the offense (Article R624-1 Penal Code).
• In case of TTD less than or equal to 8 days, the perpetrator risks a 5th class contravention (1500 euros).

In both cases (no TTD or less than 8 days), the offense can be transformed into a crime punishable by 3 years imprisonment and a 45,000 euro fine due to aggravating circumstances: if committed, for example, on a minor under fifteen, on a vulnerable person, on an ascendant, etc. (Art 222-13 Penal Code). The penalties are increased to five years imprisonment and a 75,000 euro fine when this offense is committed under two of the circumstances provided for in 1° and following of Article 222-13 of the Penal Code. The penalties are increased to seven years imprisonment and a 100,000 euro fine when committed under three of these circumstances.

TTD greater than or equal to 8 days: offense (correctional court)

The perpetrator of this violence faces a prison sentence of three years and a fine of 45,000 euros (Art 222-11 Penal Code).

The penalties incurred are increased to five years imprisonment and a 75,000 euro fine when this violent offense is committed with one of the aggravating circumstances, or to 7 years imprisonment and a 100,000 euro fine in case of two aggravating circumstances (Article 222-12 Penal Code).

Examples of aggravating circumstances:

In case of an offense qualified as a crime by law, the Assize Court is competent even if the TTD is less than or equal to 8 days.

2. Involuntary violence

Involuntary violence is that committed unintentionally; it is the result of clumsiness or failure to comply with a legal safety obligation on the part of the perpetrator. Example: a speeding driver knocks down a pedestrian.

The penalties depend on the severity of the harm and the nature and extent of the fault. Penalties may be harsher if the facts are committed under aggravating circumstances.

• Total incapacity for work (TTD) less than or equal to 3 months (police court):
  This is a 5th class contravention, i.e., a 1,500 € fine (3,000 € in case of recidivism). The perpetrator also risks additional penalties.
• Total incapacity for work (TTD) of more than 3 months (correctional court):
  This is an offense punishable by 2 years in prison and a 30,000 € fine. The perpetrator also risks additional penalties.

In case of deliberate violation of a specific safety obligation provided by law:

• If the victim has no injuries or wounds, the perpetrator risks a fine of €1,500 (€3,000 in case of recidivism).
• In case of Total Incapacity for Work (ITT) of less than 3 months:
  The perpetrator risks 1 year in prison and a €15,000 fine as well as additional penalties.
• In case of ITT of more than 3 months:
  The perpetrator risks 3 years in prison and a €45,000 fine as well as additional penalties.

In case of an offense committed by the driver of a motor land vehicle:

• Total Incapacity for Work (ITT) of less than 3 months:
  The perpetrator risks 2 years in prison and a €30,000 fine as well as additional penalties such as driving license cancellation.
• Total Incapacity for Work (ITT) of more than 3 months:
  The perpetrator risks 3 years in prison and a €45,000 fine as well as additional penalties such as driving license cancellation.

APPLICABLE REFERENCES:

Penal Code: Articles 222-7 to 222-16-3 (penalties for intentional violence); Articles 222-19 to 222-21 (penalties for unintentional violence); Article R622-1 (penalties for unintentional violence causing no injury); Article R624-1 (penalties for minor intentional violence); Article R625-1 (penalties for intentional violence with ITT of more than 8 days); Articles R625-2 to R625-6 of the Penal Code.