Dissertationen zum Thema „Droit pénal équitable“
Geben Sie eine Quelle nach APA, MLA, Chicago, Harvard und anderen Zitierweisen an
Machen Sie sich mit Top-50 Dissertationen für die Forschung zum Thema "Droit pénal équitable" bekannt.
Neben jedem Werk im Literaturverzeichnis ist die Option "Zur Bibliographie hinzufügen" verfügbar. Nutzen Sie sie, wird Ihre bibliographische Angabe des gewählten Werkes nach der nötigen Zitierweise (APA, MLA, Harvard, Chicago, Vancouver usw.) automatisch gestaltet.
Sie können auch den vollen Text der wissenschaftlichen Publikation im PDF-Format herunterladen und eine Online-Annotation der Arbeit lesen, wenn die relevanten Parameter in den Metadaten verfügbar sind.
Sehen Sie die Dissertationen für verschiedene Spezialgebieten durch und erstellen Sie Ihre Bibliographie auf korrekte Weise.
Hezzi, Samia. „Le droit du mineur à un procès pénal équitable“. Electronic Thesis or Diss., Limoges, 2024. http://www.theses.fr/2024LIMO0012.
Der volle Inhalt der QuelleThe criminal trial is governed by fundamental procedural rules that apply to all defendants, whether adults or minors. In principle, minors who commit criminal offences should enjoy the same procedural rights as those accorded to adult offenders. These procedural rights must, however, be adapted where necessary to their status as minors. They must also be supplemented by specific rights resulting from this very status. Because of their cognitive abilities and incomplete development, juveniles have specific needs that require a reworking of these procedural rules It can be unfair to treat minors in the same way as adult offenders, since their minority status cannot be compensated for. The assessment of the criminal procedure applicable to minors is therefore torn between two apparently contradictory movements: on the one hand, minority might justify the existence of a derogatory procedure that breaks with the fundamental rights and principles of ordinary law; on the other hand, these same rights and principles would not bend in the presence of a minor perpetrator. To achieve fairness in criminal procedure, the priority given to one right or principle over another must be based on an objective demonstration that neither alters according to penal policies, nor deviates to the benefit of multiple interests. This leads us to approach the fairness of criminal proceedings applicable to minors from two angles: on the one hand, we need to understand minors to reinforce their right to a fair criminal trial, and on the other, we need to support them to guarantee their effective participation in the trial
Petitgirard, Thibaut. „Réflexions sur l'hypothèse d'un droit processuel pénal international“. Montpellier 1, 2005. http://www.theses.fr/2005MON10053.
Der volle Inhalt der QuellePineau, Carine. „Le procès équitable devant la Cour pénale internationale“. Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
Der volle Inhalt der QuelleWhile the right to a fair trial should be at the heart of any democratic society, this requirement has an axiomatic significance in a court dedicated to the fight against impunity and the protection of human rights, such as the International Criminal Court. In view of the few judgments rendered in over ten years of this permanent Court's existence, this study might seem somewhat premature.Rather, this analysis purports to shed light on the diverse nature of the Court's activities and the unique character of its procedures. Enshrined by the European Court of Human Rights, the right to a fair trial is expressed in the form of regulations that govern not only the relationships between the parties, but also the interaction of individuals with the Court. The concept of the right to a fair trial may be familiar to legal experts trained in different legal traditions. Still its interpretation is fraught with challenges that are new and specific to this permanent Court. The structural and normative hybridity of the ICC will inevitably influence not only the treatment of this concept, but also the unique interpretation that this fundamental right deserves. Against the backdrop of the innovative nature of this Court, it would be remiss of the author of this thesis not to consider the right to a fair trial through the unique prism of the victim, the new face in the trial. Often excluded from the judicial debate on the fairness of the proceedings, this analysis will nevertheless endeavour to place this stakeholder back in the heart of the concerns over the conduct of a fair trial
Nierengarten, Marie-Cécile. „Essai sur la notion de témoin : contribution à l'évolution de la procédure pénale“. Toulouse 1, 2005. http://www.theses.fr/2005TOU10058.
Der volle Inhalt der QuelleThe notion of witness is traditionally comprehended under the angle of the right of the proof and the history of the testimony is dedicated to a theorization of the proof by testimony. It bases on the idea of a mode of necessary, but fragile proof. The revolution of human rights, operated under the influence of international and conventional texts is translated, to the field of the penal lawsuit, by the emergence of fundamental principles. The evolution of the criminal procedure, marked by the increasing necessity of respecting the guarantees of good justice, leads to a metamorphosis of the proof by witness: a new conception of the notion arises from requirements of the right for a fair lawsuit. The study of the testimony leaves place with a theory of the right for the hearing of witness, rising in internal law and breathed by the European jurisprudence: the witness becomes an element of the right for a fair lawsuit, quite at the same moment guaranteed formal and substantial right of the accused person. At the same time, the legal condition of the witness during the procedure reveals the possible mutation of statutes in front of a risk of legal proceedings and the absence for the suspect of a generative status of rights. The necessity for the statute law to recognize the witness as holder of the right by a fair lawsuit deducts of this procedural reality. The pragmatic and individualistic approach of the notion so puts in evidence a criminal procedure centred on the ideal of justice and equity, with which the evolution is marked by the development of subjective rights which participate in an already announced movement of privatization
Legrand, Valérie. „Le droit à l'assistance d'un défenseur dans le procés pénal“. Pau, 2005. http://www.theses.fr/2005PAUU2004.
Der volle Inhalt der QuelleIt's necessary, on the implementation of the repressive machinery, that defence should look like a natural right on behalf of both parties in the trial. Defence's rights make up a set of prerogatives granted, in particular to the prosecuted person and by which she can profit all along criminal trial in order to safeguard her own interests ; as the keystone of defence's rights, the right to the support of a counsel, guarantee of the right to a fair trial, seems essential and must be especially protected. It matters first of all to frame the carrying out of the right to the support of a counsel of which the person implicated in a criminal procedure must have the right to an effective disposal. But, once this right placed at defence's disposal, it comes absolutely necessary to frame its contents. In fact, it's no use framing the carrying out of such a right if, in other respects, the insufficient content of this support doesn't allow an effective defence. If, in spite of some gaps, the implementation is rather satisfactory, the contents of the support is though unreliable. Indeed, when the right to a support is worth existing, it's all the more to be regretted to note that some procedural impediments sometimes deprive the right to the support of a counsel of any grounds
Vaissière, Aude. „L'expertise judiciaire en matière pénale : problématique et prospectives“. Montpellier 1, 2005. http://www.theses.fr/2005MON10019.
Der volle Inhalt der QuelleHama, Kadidiatou. „Le statut et les fonctions du juge pénal international“. Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD003.
Der volle Inhalt der QuelleThe emergence of international criminal judge is the result of the compelling will the international community to punish serious violations of international humanitarian law. By his capabilities, international criminal judge has become a key player on the international stage. He reconciles the requirements of fair trial and the protection of fundamental human rights. Guarantor of human dignity, his universal mission contrasts with the difficulties in cooperation part of his community. Why this reticence towards him? Has he an autonomy in relation to the States? How is he impartial faced with crimes their human consciousness? Who is - he? , has he a status fits his functions? This study attempts to provide answers to these questions by an analysis of statutory characteristics of international criminal judge and functions in which he draws his power and enabling it to operate justice worldwide taking into account the diversity of international criminal jurisdictions
Nagouas-Guérin, Marie-Cécile. „Le doute en matière pénale“. Bordeaux 4, 2000. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247109272.
Der volle Inhalt der QuelleDalil, Essakali Moulay Abdeljalil. „La place du procès équitable dans la justice pénale marocaine“. Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA017.
Der volle Inhalt der QuelleCurrently, in Morocco, the conditions of an equitable criminal trial seem joined together. To go towards its effective protection, the article 1st of the Criminal procedure code of 2002 stipulates that: “Any person marked or suspected to have made an infringement is supposed innocent until its culpability was legally established by a decision having acquired the force of the judged thing, at the conclusion of a fair trial where all the legal warranties are joined together. The doubt benefits the defendant". Only, these principles are reconsiderations by the official reports being taken until registration of forgery or checking of writing. They are finally by all the procedural provisions which exclude any effect of the inward conviction from the judge is by granting a conclusive force particular to certain modes of proof is by specifying in advance the means of proof which only makes it possible to establish the existence of a given infringement. Admittedly, it is not always easy for a judge to determine the authenticity and the honesty of the official reports. But the international standards are a source of advices on the way of appreciating the honesty of the evidence. To prevent that such practices are not legally authorized. The Moroccan judges must achieve their mission with the eyes of the law and exclude any proof torn off by the constraint or violence. Any procedural document achieved apart from the law or in violation of the methods which it specifies must be able to (irregular searches, interrogations under constraint, illegal, arbitrary or secret arrests…). Inevitable infringements of the rights of the individual during the investigation, the continuation and the instruction (loss of liberty, violation of the secrecy of the correspondence and the communications, searches in the residence and on the workplace, seizure of the incriminating evidences…) must be limited by the law, scrupulously defined under their conditions as in the effects which they produce and must be able to be the object of a dispute in front of a judge. If the Moroccan judges took this duty and these principles with the serious one, the Moroccan judges would deal a great blow not only in favour of equity of the lawsuits, but also against torture and the ill-treatments
Nicolas-Gréciano, Marie. „L'égalité des armes devant les juridictions pénales internationales“. Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010274.
Der volle Inhalt der QuelleThe principle of equality of arms has become, through the jurisprudence of the European Court of Human Rights, the cornerstone of the right to a fair trial. It implies that no party shall be placed in a substantial disadvantage vis-à-vis his opponent. The development of this standard at the international level and the intensification of normative interactions phenomenon have led international and internationalized criminal courts to recognize, as a court creation and in unified way, this principle and import it into their litigation procedure to ensure the legitimacy of their decisions. However, this guiding principle of the trial conflicts with another objective assigned to international criminal justice: the effectiveness of the fight against i:mpunity. Perceived as a barrier to repression, the equality of arms’ meaning was restricted both in in substance and in its implementation process. Furthermore, the courts are based on structural and procedural imbalances, since the defense, "forgotten pillar", lacks of resources to carry out its missions, unlike the prosecutor's office, which would be an "almighty" organ. In these circumstances, the inherent imbalance in the interactions between the prosecutor and the accused person cannot be compensated. In order to restore the value and scope of equality of arms as a principle of the trial, proposals for rebalancing and paradigmatic changes of the litigation will be made. Thus, internationally criminal justice can fully regain its legitimacy
Koukezian, Thomas. „Sanction pénale sanction disciplinaire“. Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G018.
Der volle Inhalt der QuelleDeux thèses s’affrontent concernant les liens qu’entretiennent la sanction pénale et la sanction disciplinaire. Une première conception considère que la sanction disciplinaire est distincte de la sanction pénale. Elle en diffère tellement qu’on ne saurait les rapprocher. L’autre conception, plus actuelle, considère que la sanction disciplinaire est une variété de la sanction pénale, qui la supplée ou la double, et qui obéit, en partie du moins, à des principes communs. La deuxième conception semble évidemment plus en phase avec la réalité. Cependant, cette façon d’entrevoir ces deux matières ne fait point l’unanimité. En considérant la sanction disciplinaire comme une fraction de la sanction pénale, comment entrer dans une telle considération devant le principe d’indépendance qui tient à distance les deux sanctions ? Et, si ce principe tient à distance les deux sanctions, c’est donc qu’il existe un domaine propre à chacune d’elles et une frontière entre ces deux domaines. L’étude consacrée aux sanctions pénales et disciplinaires se propose de tracer une frontière lisible entre ces deux sanctions et de mettre en lumière les caractéristiques peu connues de la sanction disciplinaire
Salomon, Eva. „Le juge pénal et l'émotion“. Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020003/document.
Der volle Inhalt der Quelle«Commandment shall belong […] and one shall obey to a faceless order, which may be expected, given its impersonality, to rule without passion and to be listened to without anger»1220. To reach such an aim, practice and criminal procedure try to erase from judgment «passive» emotions as well as some «active» ones that are not based on any logical thinking, since they paralyse the judge's autonomous reasoning. However, among such hounded emotions, only those which can be genuinely controlled by their materialisation are likely to be avoided and to involve the judge's responsibility. Furthermore, one has to take into account the judge's self-discipline by making him aware of these issues thanks to deontological rules. Nevertheless, and despite the fear of arbitrariness that emotions might trigger, the right administration of justice cannot cast aside every emotional consideration: a judge perceives emotions such as the methodological doubts that are necessary to his judgment; he must also take into account the ones felt by others. As a result, within the space left for emotions, a magistrate tries to regulate those which legitimately survive. A judge is ultimately brought back to his status of social being, he cannot escape the emotions which he has integrated through his socialization. He represents social emotions and stays in tune with the values they reveal. The contribution of these emotions to the final decision is legitimised by their representativeness. This legitimacy finally spreads out to the judge's decisions and actions
Hall, Jérémy. „L'appréciation de la preuve devant la Cour pénale internationale“. Electronic Thesis or Diss., Université Grenoble Alpes, 2020. http://www.theses.fr/2020GRALD006.
Der volle Inhalt der QuelleThe emergence of international criminal jurisdictions has stimulated important research on evidence because of their innovative and hybrid nature. The creation of the International Criminal Court has exacerbated questions about proof due to the difficult and ambiguous compromise made by States. As a fundamental element of the trial, evidence is defined as the means and the operation intended to convince the judge of the accuracy of a factual assertion. The main focus of research concerns gathering evidence and its admissibility. Very few studies deal with the assessment of evidence, yet it is the heart of judicial work. The study of this issue before the International Criminal Court is particularly relevant in view of its sui generis system. Determining the legal framework relating to the probationary assessment is not easy, and requires combining the legal texts of the Court with its diffuse case law. It has therefore become essential to identify the general legal framework for the assessment of evidence. This remains uncertain because of the hybrid system of the Court and the composite rules specific to the assessment of evidence. The reasoning adopted by judges to assess evidence does not address these uncertainties, either through the definition of the standards of proof or the methods used to concretely assess all the evidence. Ultimately, neither the Statute nor the case law guarantee effective legal certainty in the assessment of evidence. However, the flexibility inherent in the latter explains these shortcomings without seriously undermining the right to a fair trial
Niang, Babacar. „Le "plaider-coupable" en France et aux États-Unis au regard des principes directeurs du procès pénal“. Paris 1, 2010. http://www.theses.fr/2010PA010284.
Der volle Inhalt der QuelleZomer, Caterina. „La preuve pénale vers un droit commun européen : la règle de la preuve unique ou déterminante dans la jurisprudence de la Cour Européenne des Droits de l'Homme“. Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA008.
Der volle Inhalt der QuelleArticle 6 of the ECHR provides the principles of fair trial. Apparently overlooked by this text, which does not explicitly mention it, the field of criminal evidence, and rights in connection therewith, is an important component of litigation from Article 6, and an area in which the European Court of Human Rights interpretative work is one of the most interesting laboratories for legal comparison. The “rule of sole or decisive evidence” establishes a minimum standard of guarantee, by which the conviction cannot be based solely or primarily on evidentiary items whose admission has not respected the conventional rights of the accused. Made in a highly innovative environment, featuring an hybrid legal nature, the “sole or decisive rule” crosses, and at the same time seeks, the more recent evolutionary trends at work in European law of criminal evidence
Elaabd, Adil. „Les droits de la défense pénale au Maroc : à la lumière du droit français“. Perpignan, 2010. http://www.theses.fr/2010PERP0986.
Der volle Inhalt der QuelleGallardo, Eudoxie. „La qualification pénale des faits“. Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32032.
Der volle Inhalt der QuelleThe approach of the characterization of the facts in criminal law is generally treated as an intellectual operation ruled by the principle of legality and more particularly by the principle of the strict interpretation of criminal law. Such an approach hides the procedural dimension of the characterization of facts in criminal law which is, however, essential to the protection of individual freedoms. The union of these two aspects of the characterization leads to a static form: the characterization of facts. Situated between the incrimination and the offense, it proposes an intermediate status where the nature of the criminal facts will be represented intellectually taking into consideration the evolution of the criminal trial. More precisely, the characterization of facts is analyzed as a framed and applied representation of the nature of the criminal facts. Framed by the principles of legality and of the right to a fair trial, the criminal characterization of facts offers a legalist and fair image of the criminal nature of the facts. But the frame alone is not sufficient to elaborate the notion of characterization of facts. Its elaboration begins upstream when it is a sheer presumption in the mind of the qualifying authority. It is during the process of a repressive and symbolic application that the characterization of the facts materializes, thus becoming a judicial object. In a manner peculiar to criminal law, the characterization of the facts becomes a concept which suggests a way to apprehend the criminal nature of the facts
Danet, Anaïs. „La présence en droit processuel“. Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0110/document.
Der volle Inhalt der QuelleAt the time of the development of new technologies and the increase of legalrepresentation cases, physical and personal presence of trial actors in the justice‘s premisesquestions. The presence, which is considered as the traditional method of organizingprocedural relationships, seems to raise some doubts today, especially because of thecumbersomeness of the procedure involved. Nevertheless, at the same time, voices makethem heard to recognize the existence of a principle of presence.Indeed, the presence of the trial actors should hold its place in the procedural law, becauseof its legal as well as economic legitimacy in the organization of the trial. It appears as thebasis of a guiding principle of the trial according to which the determining proceduraloperations on the outcome of the trial occur in the presence of the parties. From this basis, itfollows many legal situations of presence. This new principle of presence, still at a latentstate for the moment, would benefit from being strengthened in order to preserve the humanface of justice
Lazarova, Guergana. „L'impartialité de la justice : recherche sur la circulation d'un principe entre le droit interne et le droit international“. Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1020.
Der volle Inhalt der QuelleThe principle of impartiality is essentially treate by the French jurists under the angle of the impressive jurisprudence of the European Court of Human Rights. Nevertheless, the international origin of this principle remained unexplored. This study shows that the impartiality is a recurring requirement in the speeches on the justice, and it since the Antiquit. In spite of its philosophic obvious fact, the juridicisation of the principle of impartiality showed itself sinuous and uneven through the history and the legal cultures (Civilian /Common law). The peculiarities of the political system of the United Kingdom so explain the direct applicability of the principle in the motocross from the origins of Common law. On the other hand, in French law, its explicit consecration was late and provoked by the article 6 EHCR
Joseph-Ratineau, Yannick. „La privatisation de la répression pénale“. Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1009/document.
Der volle Inhalt der QuelleIt is traditionally allowed that the criminal law has as a function to defend the general interest, which explains the preeminent role of the State throughout the repressive process. However, the analysis of the substantive law puts forward an extension of the normative function of the criminal law in the direction of the private interests, individual or collectives which can only upset the functions traditionally assigned with the criminal responsibility and with the penal sanction which accompanies it. Because the private interests compete with the general interest in the order of the values protected by the texts from incrimination, the rules of the criminal responsibility and the functions of the penal sanction from now on are requested to solve litigations between individuals, and to ensure the compensation for the damage caused by the infringement. Because the configuration of the actors to the criminal trial is only the reflection of the values protected by the penal standard, the introduction of the private interests into the field of protection of the criminal law naturally involved a change of the traditional distribution of the processual roles of the judge and parts in the criminal trial with the profit as of private parts. Even if this change found in the influence of the European model of fair trial the compost favorable to such an evolution, this one played only one catalyst part in the rise of the parts in the control of the direction of the penal authority as in the control of the litigious matter; the true cause of these evolutions, it is the privatization of penal repression
Cornu, Julie. „Droit au procès équitable et autorité administrative“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Der volle Inhalt der QuelleThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Coulibaly, Ibrahima. „Les droits de la défense en droit mauritanien“. Thesis, Paris 8, 2018. http://www.theses.fr/2018PA080008.
Der volle Inhalt der QuelleUniversalism of the rights have come the concept the rights of the defenses diversity of procedural. A the level of each country, however big or small, whatever is its culture, he (It) is accepted and official that we cannot judge without referring to the fundamental rules (rulers), and without being attended by a lawyer. Rights of defence are guaranteed in Mauritanie by the law number 2007-036 carrying Code of criminal procedure, the law number 2007-012 carrying the judicial organization, the law number 99–035 carrying Code of civil procedure, commercial and administrative. The rules of rights of defence not wind not to be reached without the implementation of organs which frame the capacities of this one. The equality before the courts is expressly considered by fundamental law in the of the constitution owed July 20th, 1991. However, the principle is of no real reach in spite of the precision of the text. What seems absurd with our model of system of ineffective right, imply that the rules of the fair trial are not allocated in a egalitarian way to all. It is not the only difficulty or the ambiguity. The present study supports on one hand that the exercice of the equality of the contradictory and the equality of weapons guarantees the effectiveness of rights of defence, and on the other hand, that the development of the principles participates in a revival oo the rights.The contemporary position of rights of defence uses this notion demonstrating, often rights of defence as a superior implication and of a logical obvious fact of the procedure, thus obeying the fundamental criteria of the right to fair trial. He is determined by a whole series of procedures led in a trial and declares itself, today, under a set of legal bases protecting rights of defence. To this end we had tried to make a work of unpretentious sociological evaluation of perfect scientificity. Avoiding any legalism or positivism, the work stays nevertheless in legal dominance
Makaya, kiela Serge. „Le droit à réparation des victimes des crimes internationaux, condition de justice efficiente : l'exemple de la RDC“. Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1006.
Der volle Inhalt der QuelleFaced with the irreparable prejudices arising from international crimes, except for the cases being prosecuted at the ICC and the processes of various Commissions and reparations funds of the UN, international law has been pontius-pilating when it comes implementing under domestic laws the rights of victims to reparations. This hypocrisy is particularly highlighted by the use of humanitarian aid. Domestic laws have systematically resorted to traditional practices to implement this right. This inclination towards traditional approaches is indeed at variance with the material elements of the law on reparations in as much as the context of the crimes, the scope of the damage, the vast number of victims and fluctuations in the types of perpetrators have simply made the traditional systems obsolete. Whence the quest for an efficiency paradigm hinged on «attempts» within transitional justice and reparations justice. Analyses of these attempts by experts reveal that a lot still has to be done. In the case of the DRC, and mindful of the shortcomings of the traditional legal system in mitigating the suffering of victims of international crimes, this study proposes a holistic approach to the development of a criminal reparations policy. This holistic approach requires a global response to the damage suffered by victims of international crimes. The reparations response to these multidimensional prejudices must reflect a global understanding of the law based on interdisciplinary and «social technology» considerations
Rideau-Valentini, Sébastien. „Contribution à l'étude des particularismes de la matière pénale douanière“. Nice, 1999. http://www.theses.fr/1999NICE0020.
Der volle Inhalt der QuelleThe repressive custom law, known for its atypical penal concepts and its strictness resulting from its objectives constitutes a legal field meeting specific criteria. The issue lies partly in the fact that it was created in order to fight against foreign goods import at conflictual times. The progessive disapppearing of border rigidities leads to an approximation between the laws of certain states, sometimes, in the frame of international treaties enacting supranational laws. The direct result is a submission of repressive custom laws to the appreciation of judges using autonomous legal instruments capable to influence this national law underlined with specific historical inheritances a modelling of this legal rules influences then the custom law by putting it in concordance with positive law. These international agreements correspond to the trend of the internal sources of law. The elements of the normalisation of the custom penal law induce an increasing intervention of the judges in the different procedures of the customs code. Nevertheless, due to inherent limits of the supranational control, certain specificities remain, giving to the repressive custom law an undoubtful efficacity. The extention of the customs jurisdiction is the proof of the trust given to this administration by the normative powers. The approximation of the repressive powers of the customs administrations of the member states of the european union seems to be an actual trend
Ivičević, Karas Elizabeta. „Le principe de l'égalité des armes en matière pénale dans la jurisprudence de la Cour européenne des droits de l'homme et en droit comparé (croate, français)“. Paris 2, 2007. http://www.theses.fr/2007PA020019.
Der volle Inhalt der QuelleClément, Stéphane. „Les droits de la défense dans le procès pénal : du principe du contradictoire à l'égalité des armes“. Nantes, 2007. http://www.theses.fr/2007NANT4021.
Der volle Inhalt der QuelleThe notion of defence rights is universally shared and applied by all the stakeholders in the criminal case whatever the judicial system may be. However, difficulties in interpreting it remain. The systemic exam of rights in the framework of adversarial proceedings and equality of arms aims at defining the defence rights, explaining how they should apply as part of a criminal case, and evaluating their long term development. During the trial, rights and principles interlace inextricably. They both have common or reserved scopes, they achieve the same result, sometimes different yet, and they share numerous common grounds and differences that let us conclude they are more complementary than opposite. Adversarial proceedings and equality of arms represent two functional tools emphasizing the effectiveness of rights. Not only they help horizontally evaluate the defence rights, i. E. In a quantitative manner during the whole criminal case, but they also help interpret vertically, i. E. In a qualitative manner by measuring their force. If we question the relationships between rights and principles as part of our triptych, the present analysis indicates, on the one hand, that the implementation of the adversarial proceedings et the equality of arms assures the effectiveness of the defence rights and, on the other hand, that the development of such principles contributes to renewing rights
Bolze, Pierre. „Le droit à la preuve contraire en procédure pénale“. Thesis, Nancy 2, 2010. http://www.theses.fr/2010NAN20012/document.
Der volle Inhalt der QuelleThe matter of evidence in the French penal procedure, heavily influenced by the principle of presumption of innocence, is generally presented by the means available to the prosecution in order to prove the offenses to the penal law. The consideration of a right to opposite evidence reverses this pattern so as to give people being sued the right to contend for the evidences presented by the prosecution and, in fine, to bring any evidence in order to prove their innocence. The right to opposite evidence, based on the principle of equality from the European notion of right to a fair trial, aims to guarantee a balance between the necessity of an efficient suppression and the prevention of an unfair conviction of an innocent person. The notion of right to opposite evidence gives an active part to the suspect in the organization of defence, by allowing to produce and to get all the evidences favorable to the suspect, and must be able to confront both the law-maker and the judge. The French penal procedure is influenced by some reforms which aim to guarantee the balance needed between the general interest and the protection of individual liberties. This movement sanctions the reality and the durability of the right to opposite evidence
Sontag, Koenig Sophie. „Les droits de la défense face aux technologies de l'information et de la communication“. Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3001.
Der volle Inhalt der QuelleThe rights of the defense come from a time when individuals undergoing trial and damage that may result to their rights and freedoms. Protean, they are born guaranteed from the notion of a fair trial as defined by the European Court of Human Rights. Taking a specific color in the criminal trial, this notion appears embodied in itself, the criminal lawyer who, in harmony with his specialty, must adapt to the changes which it has sometimes been. Technologies of Information and Communication have gradually invested the field of Justice and in particular the criminal sphere. Educated the results of experiments conducted abroad, France has also decided to modernize its judicial procedures using these new techniques. Copernican revolution, full of hope at the managerial level and the administration of justice, modern technologies raise fears facto resistance due to their relative complexity and novelty. Thus, a technical difficulty that limits the positive impact of the reforms, in addition symbolic aspects concerning the conduct of judicial ritual, introducing a new dialectic between stakeholders "criminal justice system" and changing the relationship of legal professionals as well as those that unites justice and litigants. It follows a change of management of the trial and, correspondingly, a restructuring of the thought patterns of the rights of defense and the practice of criminal defense
Copain, Carine. „L'encadrement de la contrainte probatoire en procédure pénale française“. Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30087/document.
Der volle Inhalt der QuelleThe main feature of French criminal procedure is the coercitive power attributed to the authorities in charge of seeking the truth. Over the last forty years, the number of statutes relating to this coercitive power largely increased, reinforcing the boundaries of its legal framework. Since the beginning of the 21st century, the path of statutes enactments increased suggesting that there is difficulty in finding the right balance between the efficiency in the truth seeking and the effectiveness of individuals’ rights. Defining the right balance suggests to analyze the coercitive power’s legal framework without relying on the classical legal categories. An historical approach of the individuals’ rights allows us to identify the legal and theoretical framework of the said coercitive power. Indeed, the 1789 Declaration of the Rights of Man and of the Citizen considers the individual as a citizen relating to the State. The respect of individual freedom is the core of the Declaration, preventing arbitrary coercitive measures and an unreasonable use of the coercitive power. After Second World War, the individual has not been considered only as a citizen, but also as a member of Mankind. Accordingly, the respect of individuals’ dignity and rights, especially the right to a fair trial has reinforced the coercitive power’s legal framework
Krid, Riad. „Le droit à un procès équitable devant les juridictions internationales pénales : une analyse critique à travers les dimensions intrinsèques de la procédure pénale internationale“. Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1014.
Der volle Inhalt der QuelleThe statutes and the rules of international criminal courts recognize most of the guarantees of the right to a fair trial under international instruments on human rights. However, if we examine the size of international criminal litigation, we will soon realize that the allegations relating to the violation of this right take a large place. Therefore, it seemed necessary to identify and analyze the reasons for this distortion. To do such a study, we have previously argued that beyond the original dimensions of the international criminal procedure to implement the rules of international criminal law, two others dimensions were confirmed by the texts and the practice. There are the humanist and the managerial dimensions. With this in mind, we wanted to uncover their impact on the effective implementation of the right to a fair trial, conducting a critical analysis. The purpose of this approach is to demonstrate that these intrinsic dimensions of international criminal procedure have direct and indirect effects on the fairness of international criminal trials
Nga, Essomba Tergalise. „La protection des droits de l'accusé devant la cour pénale internationale“. Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30005.
Der volle Inhalt der QuelleProtecting the rights of the accused depends in any legal debate on respect for a fair trial. In doing so, the creation of the ICC merits special attention by virtue not only of its being permanent and universal, but also the extent of international crimes with which it deals. As a result of this broad scope, research suggests any protective coverage is relative in its effectiveness and utopian, despite the requirement of compatibility of the law applicable to internationally recognized human rights. The apparent respect for these rights, the principle of due process and the requirement of the presence of the accused at his or her trial do not guarantee an effective equality of arms, the exercise of one’s rights or respect for the presumption of innocence. Instead, the procedural rule of imbalance, the excessive length of trials and the continued detention of the accused have led to objections about effectively protecting the rights of the accused. So-called protection gives way instead to the fight against impunity, the reticence of victims and witnesses and the sovereignty of States. Following this study, it is necessary to rebalance the rights of the parties and rethink the jurisdiction of the Court
Hussien, Khaled. „L'équilibre entre les partis au procès pénal : théorie et pratique appliquée dans la phase préparatoire“. Lyon 3, 2001. http://www.theses.fr/2001LYO33039.
Der volle Inhalt der QuelleDjie, Bouin Wilfried. „Le droit à un procès équitable et la justice transitionnelle dans la reconstruction du système juridique et politique ivoirien“. Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10052/document.
Der volle Inhalt der QuelleThe issue of the research deals with fair trial and transitional justice in Côte d'Ivoire. The problem at stake here is to see how the state of Côte d'Ivoire fail to protect and respect an international fondamental right as Fair trial in context of post crisis.It will be convenient to highliht the role of transitional justice and its mechanisms in the process of reinforcing respect and promotion of the right to a fair trial in Ivory Coast
Gelato, Cynthia. „L'équilibre procédural lors de la phase préparatoire du procès pénal“. Thesis, Aix-Marseille, 2019. http://theses.univ-amu.fr.lama.univ-amu.fr/191217_GELATO_925hyq243gdx875yuazp213sdbw_TH.pdf.
Der volle Inhalt der QuelleBalance is a central notion in the French concept of criminal procedure. However, any legal definition exists about it. It is a common-sense word that the law uses to get the searching of equality across. Therefore, this notion depicts a situation between two equal and opposed forces of which results an idle state. Yet, balance cannot be defined through mathematical function f, which is a constant that doesn’t know any influence from the variable (x). To be constant and to get some balance, the function f must not be affected by any variable. Balance among criminal procedure is the only one to be respected insofar as it corresponds to a balance of the society maintained by the law. The latter is trying to eliminate the variations of which procedure could be a victim through the violation of the rules protected by criminal law and which are created for the purpose of maintain balance. Hence, by considering its mathematical definition, balance can exist in criminal procedure and not within it. Nonetheless, a solution can be considered: without enabling to achieve a balance, it permits getting closer thanks to the notion of equity. Equity can be defined as a variable function, which, without obtain a fulcrum, can approach it, by treating either two forces in the same way, or treating unevenly two unequal situations. Thus, it gives the possibility for the law to adjust well to the facts. It will thereby solve the imbalance but for creating balance. Then, it leads to the phrase of the European Convention on Human Rights which is the “fair balance”. If the balance between the parties is an impossible search, equity offers a favourable remedythe European Convention on Human Rights which is the “fair balance”. If the balance between the parties is an impossible search, equity offers a favourable remedy
Arthivech, Uthai. „Le rôle des acteurs dans le procès pénal et la protection des droits de l'homme : étude comparée : France et Thai͏̈lande“. Paris 1, 2001. http://www.theses.fr/2001PA010253.
Der volle Inhalt der QuelleGuinchard, Audrey. „Les enjeux du pouvoir de répression en matière pénale : du modèle judiciaire à l'attraction d'un système unitaire“. Lyon 3, 2001. http://www.theses.fr/2001LYO33023.
Der volle Inhalt der QuelleMardon, Delphine. „Les voies de recours dans le droit de la Convention européenne des droits de l'homme“. Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND007.
Der volle Inhalt der QuelleThe influence of the law stemming from the Convention for the Protection of Human Rights and Fundamental Freedoms no longer need to be demonstrated. This text provides people with an increased protection of their fundamental rights. This assertion can not be restricted to the rights that are clearly stated in the Convention or those that are drawn by the European Court of Human Rights thanks to its dynamic and evolutional interpretation. Remedies constitute a way to contest a judicial decision. On account of this definition, they do not correspond to a right directly protected by the European human rights system. That does not mean they are ignored by this system. On the contrary, European judges give their full attention to them. This thesis built up from the European decisions and judgments underscores the relations between the European Convention and remedies. It is therefore necessary to determine what kind of relations. If those two mechanisms have the idea of control in common, the European judges intervene only when the domestic proceedings in which remedies are brought is ended. This organization allows to highlight the way the European Court looks upon remedies when it carries out its own control. The way it grasps remedies is then not univocal. The European Court does not only control the enforcement of procedural guarantees of the Convention by remedies. These guarantees also are a means used by the European Court to ascertain the respect of all Convention rights. The discovery of these two aspects asks for a global qualification of the relations between the European Convention and remedies. Remedies’ use in the heart of the review of conventionality, as an instrument or an object, shows that these relations favour a mutual strengthening of remedies as well as the Convention rights system of protection
Mendes, Constante Jorge. „Les droits fondamentaux du justiciable“. Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32055.
Der volle Inhalt der QuelleThe basic rights of justiciable determine today the substantial axis around of which the Right of justice is articulated. It is towards the respect of the basic right to the judge and the basic right to the respect of the rights of the defense which the objective rules of jurisdictional and procedural organization must be durably turned. The French and Portuguese constitutional systems conceal a strong potential specialist in comparative literature, and in spite of the differences, the decisions of the convergent court constitutional towards the valorization of the basic rights of the justiciable one. The Community and European judges take part in the rooting of theses rights which to the bottom belong into clean neither to the constitutional law, nor of the European right, but of European pools. The existence of the rights of justiciable to the row to basic rights protected by the constitutional and European law results essentially from a jurisprudential development process. It is then by probing abundant jurisprudences of the constitutional and supranational judges, that it is possible to reveal the common existence of the basic rights of justiciable in Europe (First part). The study of the contents of the basic rights of justiciable allows evincer confusions which remain numerous between the substantial rights of justiciable and the jurisdictional or processual rules the new requirement of effectivity, which remains associated with these basic rights of the justiciable one, gives them contents concrete and led to wonder on the one hand about the implications which can result it for the State in terms from obligations to achieve, and on the other hand, to measure their radiation in the legal order interns of the two studied countrie. Ultimately, it is a question of seeking the consequences of their common existence, to try to account fot the efficiency of the basic rights of the justiciable. (Second left). The application of these two basic rights can attest qualitative evolution of the modern concept of State because both are the sign of a reinforced democracy, irrigated by justice
Togola, Yacouba. „La motivation des décisions de justice pénales“. Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS125.
Der volle Inhalt der QuelleWhat evokes motivation? How criminal law grasps motivation of judicial decisions ?The concept of motivation refers to several aspects that change its meaning depending on the role assigned to the judicial function. While it is understandable that a single approach does not compel, motivation should be reconsidered.Motivation is in fact generally perceived as a litigation instrument for the judge, the main aim being to limit its arbitrary power. To this end, a set of rules are binding on the judge. The review of these rules in the field of criminal law leads to an unsatisfactory result. If motivation is imposed on the judge in certain judicial decisions, it is however rejected in others, and a single criterion justifying such a distinction may not appear relevant. The objective nature of its contents is marked by gaps which feed the subjective approach to the motivation. It is when it is about method that the bypassing is the most visible : the motivation with unique sentence, the copy and paste or the practice of the pre-drafted motivation. Moreover, even exercised by the European Court, control of motivation leaves the criminal judge many appreciation margins, even sometimes a total freedom. Concerning the analysis of the criminal decisions, the right of the motivation ends in a contrasted result.Should we then go further and beyond this litigating approach of motivation? The answer is obviously positive. To better safeguard the interests of citizens, motivation must be transformed. This transformation is marked by an increasing connection between motivation and fundamental human rights. The motivation turns out to be the condition for the exercise of the rights of defense, while it fits into the category of the right to fair trial. In the dynamics of this evolution, the motivation - with the aim of the understanding and of the acceptance of the decision by the citizen - has to occupy a central place. It involves to glimpse, beyond rules compulsory for the judge to motivate the decision, certain improvements in order to achieve the recognition of a genuine right of the defendant for the motivation of the decision, its decision
Touré, Aminata. „L'influence des nouvelles technologies dans l'administration de la justice pénale“. Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1081.
Der volle Inhalt der QuelleAs a result of a will to modernize and rationalize the legal institution, the use of new technologies in criminal courts administration is increasing. Nowadays, those tools of communication, information, and management represent essential ways of evolution of justice, at the heart of its performance. They imply an unprecedented change for an institution marked by a certain traditionalism. Related to judicial, symbolic, human and managerial aspects of the legal intervention, the emergence of digital is paving the way of (characterizing) the criminal justice in the XXI century. Inexorably, the formalism characterizing the justice moment, procedural or ritualized, is going through deep changes. Sometimes those changes are distorting the cultural founding of criminal justice. Between bad influence and beneficial renewal, the inputs of these judicial work tools are characterized by ambivalence. The obstinate opposition is inadequate. As the thoughtless modernism to optimize the institution tools, is to proscribe. The regulation of the tools’ practice, which is even involved in the content of the justice decision, is a necessity to ensure a smooth evolution. In order to avoid a denaturation of the legal intervention, a real integration processs of new technologies should be established, mixing ethical, legal and institutional considerations. In that way, this technological transition will be helping to legitimate the criminal justice, still affected by a functional and trust crisis
Cabrejo, Le Roux Amanda. „Ne bis in idem dans les discours croisés des cours supranationales sur la justice pénale“. Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D075.
Der volle Inhalt der QuelleNe bis in idem (prohibition of double jeopardy) is well defined in national legal frameworks as a fondamental principle of criminal proceedings according to which an individual cannot be prosecuted twice for the same conduct. But, when moving to the international level, the familiar principle becomes an unidentified legal object. The supranational courts that deal with it in criminal matters (Inter-American Court of Human Rights, European Court of Human Rights, Court of Justice of the European Union and International Criminal Court) interpret disparate ne bis in idem formulations from which they construct their variations. If the identity of ne bis in idem then seems to be diluting, it is not disappearing. Shaped by the discourses of these courts that cross paths, meet or ignore each other, ne bis in idem is metamorphosed. Despite the variants, it is possible to identify common movements in the making of ne bis in idem : the search for spatial and temporal coherency and the need to respond to the dialectics of bis and idem. Moreover, metamorphosis is construction as much as deconstruction. The courts enshrine ne bis in idem as much as they circumvent it by establishing new limits and bypasses. For instance, they allow more and more a second procedure to fight impunity if the first procedure constituted a sham trial. These contrary movements lead to questioning the ambivalent nature of ne bis in idem between its two facets as guarantee and structural element and between rule and principle. Finally, as ne bis in idem is a catalyst for their exchanges, this study offers a unique perspective on the role of supranational courts in the internationalization of criminal justice
Capdepon, Yannick. „Essai d’une théorie générale des droits de la défense“. Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40029.
Der volle Inhalt der QuelleIf it is agreed that defense rights are a fundamental principle of procedural law, without which, no trial could besaid to be fair, the technical sense of this concept still remains obscure today. Traditionally defined as anensemble of guarantees, which each party to the proceedings is entitled to in order to defend its interests, thisplural approach to the concept does not however remove all uncertainties. It especially does not allow us torationally understand all the situations in which we can see its concrete and technical application.Among the different guarantees, defense rights seem to present themselves as a distinct, separate concept. Theyare in themselves a true standard introduced into the substasntive law in the form of a fundamental principlewhere the different guarantees ensure its effectiveness. Stating that any person subject to a decision-makingauthority should be able to defend her or himself, that is to say to support or to deny a claim, this legal standardencompasses, concretely, positive law by basing both the nullity of a procedure and the irresponsibility of anoffender
Pascal, Alexandra. „La justice pénale et les médias : approches juridique et sociologique“. Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020061.
Der volle Inhalt der QuelleIn France, the last 60 years or so have seen a sharp increase in the media profile of the criminal justice system. The explanation lies in the massive growth in media outlets (press, radio, television, internet) and in the increasing interest shown by journalists, not only in run-of-the-mill crime stories but in cases of corruption at the top of the political system. Public interest in such doings is huge, although with mostly little regard to the legal and technical complexities of the criminal law and its processes. The justice system in principle allows some media reporting by press and broadcasters, but the present-day appetite for information extends far deeper, into its more secret workings. The Law has adjusted, not without difficulty, to the realities of the communication society. In criminal proceedings, some windows have been thrown open on aspects of previously hidden processes. The judiciary, as an institution, has had to bow to popular pressure, has become more communicative, and has learned to use the media to keep people better informed. Different issues are at stake. The media, as a provider of information, perform a public service. But the urgency of the rush to print – and the pressure to publish undisclosed information including the most sensational – conflict with the justice system, that acts according to a more deliberate legal process than journalism, particularly when the latter’s logic is financial. The criminal justice system disseminates information to enhance its own value as a working institution. Even so, it may slip from being media-sensitive to being media-dependent or “mediatic”—and increasingly so. Different objectives give rise to unresolved conflicts, whose resolution relies on a balancing act that seeks to reconcile the principles of an open democratic society, with the fundamental freedoms guaranteed by national and supranational legal systems
Ghazo, Elie. „Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban“. Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Der volle Inhalt der QuelleWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Maugain, Géraldine. „La modélisation du procès civil. : émergence d'un schéma procédural en droit interne“. Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD004.
Der volle Inhalt der QuelleThe 20th century has initiated a new dawn for procedure as a tool to defend the rights of the persons subject to trial, a change motivated by a constant care to guarantee the supranational pattern of due process of law. At the end of the century, new stakes focused on more financial aspects also emerged. The efficiency of justice merged with the quality of the judicial decision to create a concept of smooth-running of justice. These common values generated an emerging procedural pattern reflecting the civil justice of the 21st century. At the level of procedural structure, a schism in the contentious stage developed into a strong readiness for trial and a complementary judgment stage. Now, both phases must be preceded by a consensual phase, which is still scarcely used though everyone seeks it. Regarding decision-making, the judge’s role must remain the same, stating the legal position. The main goal is then to give the judge what it takes to fulfil his function through the regression of his minor roles, thus defining more accurately what his original role is
Stavrinaki, Stamatia. „Le régime des communications individuelles présentées en vertu de traités onusiens relatifs aux droits de l'homme“. Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020065/document.
Der volle Inhalt der QuelleThe empirical construction of the United Nations human rights treaty system was based on a minimum consensus among states. Treaty bodies and monitoring procedures of treaty obligations are part of this consensus. Besides the reporting procedure, States parties have reached consensus on an individual complaints procedure. The procedure emerged after polarization and hesitation among States over the establishment of an international human rights court and the status of the individual in international law and was reproduced in without major modifications. So individual complaints procedures under United Nations human rights treaties have common procedural and institutional features. Furthermore, treaty bodies have engaged in a process of harmonization of their working methods giving us reason to be optimistic about the unity of United Nations human rights treaty system. Besides common institutional and procedural aspects, the latest treaties establishing individual complaints procedures codify the evolutionary practice of older treaty bodies, especially the Human Rights Committee. By affirming their determination to protect the object and purpose of human rights treaties and to guarantee the effectiveness of individual complaints procedures, treaty bodies strengthen implicitly the judicial aspects of the procedure. However, in the absence of judicial authority and other institutional tools for imposing on States parties’ treaty obligations, the treaty bodies are forced to seek the right balance between firmness and diplomacy without being able to ensure States parties’ cooperation. Nonetheless, observance of treaty obligations under the individual complaints procedure is a part of a long and continuous process in which treaty bodies due to their expertise and competences have a predominant role. The standardization of the individual communications procedure in the United Nations human rights treaty system strengthens the position of the individual in international law and foregrounds victims that have long remained in the shadows. By asserting their authority to interpret treaties and to ensure the effectiveness of the individual communications procedures, the treaty bodies contribute to the universalization of normative principles and their effective and coherent implementation
Taleb, Akila. „Les procédures de reconnaissance préalable de culpabilité : étude comparée des justices pénales française et anglaise“. Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30040.
Der volle Inhalt der QuelleThe analysis of guilty plea procedures, in French and English laws, seems, on a prima facie ground, to raise some issues. The inquisitorial and the accusatorial model of criminal justice do not, due to their respective specificities, easily leave a breathing space for any comparative study. Yet, taking into account the European expansion, this assertion does not remain, nowadays, entirely true. Models of criminal justice, in most States governed by the rule of law, do not longer meet the initial dichotomy and gradually tend to be unified towards a standard model within “mixed” criminal justice systems essentially based on the adversarial and fair trial principles. In this perspective, the notion of pre guilty plea needs to be clarified. This notion asserts itself alongside with legislative reforms, thus becoming a genuine tool of criminal policy aiming at a better efficiency in the criminal process through a more prompt handling of criminal offences. Nevertheless, both in France and in England, the increasing resort to pre-guilty plea procedures requires a structural and organisational modification of criminal justice. As a consequence and regarding the global evolution of criminal justice systems, a general tendency has emerged introducing Public Prosecution authorities as the linchpin of the process. Safeguards should be provided in order to maintain a well-balanced criminal justice process, both efficient and legitimate
Abi, Saad Nehmetallah. „L'obligation d'impartialité de l'arbitre : un principe unitaire dégagé par le commerce international“. Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020029.
Der volle Inhalt der QuelleArbitration is a private and alternative dispute resolution method (ADR) which that has continually been gaining in terms of importance in the global business environment. The main advantage of such a mechanism is the flexibility and the privilege of the parties to choose their own arbitrator. However, the freedom of choice of arbitrators implies the adherence to a few principles, related mainly to the duties of independence and impartiality of the arbitrator, which are imposed, by the administering body in charge of overseeing the arbitral procedure. Therefore, it is important to examine the impartiality of the arbitrator in order to understand its significance.For the sake of their reputation on one hand, and to ensure that the arbitral process is properly operating on the other, the arbitral institutions put in place preventive measures to secure a fair treatment for the international trade community in accordance with their expectations. The characteristics of the duty of impartiality and the means adopted by arbitral institutions to secure the arbitral process will be the subject of this study. Furthermore, despite the questions raised related to the effectiveness of these means, the liability of arbitrators in the absence of impartiality and the criminal sanctions resulting from the arbitrator's behavior should also be analyzed. However, the liability of the arbitrator shall only be assessed while taking into account the duality of his function on both the jurisdictional and contractual levels
Kardimis, Théofanis. „La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)“. Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Der volle Inhalt der QuelleThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Amaro, Rafael. „Le contentieux privé des pratiques anticoncurrentielles : Étude des contentieux privés autonome et complémentaire devant les juridictions judiciaires“. Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D014.
Der volle Inhalt der QuellePas de résumé en anglais