Subject to the provisions of the fourth paragraph of Article 121-3 of the Penal Code, the president of the assembly or a councillor deputising for him or her, the president of the executive council or an executive councillor may only be convicted on the basis of the third paragraph of that same article for unintentional acts committed in the exercise of his or her duties if it is established that he or she did not take the normal care in view of his or her competences, the power and means at his or her disposal and the difficulties specific to the missions entrusted to him or her by law.
The territorial collectivity of Martinique is obliged to grant its protection to the president of the assembly of Martinique, to the councillor deputising for him, to the president of the executive council or to the executive councillor or to one of these elected representatives who has ceased to hold office when the latter is the subject of criminal proceedings in connection with acts which do not have the character of misconduct detachable from the exercise of his functions.