Subject to the provisions of the fourth paragraph of Article 121-3 du code pénal, the mayor or an elected municipal official deputising for him or having received a delegation may only be convicted on the basis of the third paragraph of the same article for unintentional acts committed in the exercise of his duties if it is established that he did not take the normal care in view of his competences, the power and means at his disposal and the difficulties specific to the missions entrusted to him by law.
The municipality is obliged to grant protection to the mayor, the municipal councillor deputising for the mayor or who has received a delegation or to one of these councillors who has ceased to hold office when the latter is the subject of criminal proceedings in connection with acts that do not have the character of misconduct detachable from the performance of his duties.
The municipality is obliged to take out an insurance policy covering legal advice, psychological assistance and the costs arising from the obligation to protect the mayor and the elected representatives mentioned in the second paragraph of this article. In municipalities with fewer than 3,500 inhabitants, the amount paid by the municipality in respect of this subscription is subject to compensation by the State under the conditions set out in article L. 2335-1 of this code.
When the mayor or an elected municipal official deputising for him or having received a delegation acts as an agent of the State, he benefits, on behalf of the State, from the protection provided by article 11 of the loi n° 83-634 du 13 juillet 1983 portant droits et obligations des fonctionnaires.