Dissertationen zum Thema „Victimes de crimes haineux“
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Weber, Valentin. „La pluralité de victimes en droit pénal“. Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0312.
Der volle Inhalt der QuelleMultiple victims is a rather common situation. However, it is often ignored by criminal law, which has generally been constructed according to a simple scheme in which the victim is unique. As a result, the plurality of victims constitutes an element of complexity that raises the question of whether the criminal law is sufficiently adapted to this circumstance or whether it could be more so. The question then arises essentially in the case where the plurality of victims is caused by a single act, which leads to placing the analysis under the aegis of the ne bis in idem rule, which has two distinct dimensions. In substantive criminal law, the rule thus expresses the principle of the prohibition of punishing the same act more than once. As a result, the plurality of victims is often irrelevant. However, it is possible to think that it sometimes increases the culpability of the individual who commits an offence against several people, which could justify punishing him more severely than if he had committed the same offence against a single victim. The aim of this thesis is therefore to show that a greater influence of the plurality of victims seems possible and to propose a system inspired by certain foreign criminal laws that could allow this circumstance to be more taken into account and in a way that seems to be in conformity with the ne bis in idem rule. In procedural criminal law, the plurality of victims seems, on the contrary, to invite solutions that would go beyond those that currently derive from the ne bis in idem rule. Indeed, the plurality of victims is likely to increase the risk of contradiction between judicial decisions rendered in relation to the same act because of the multiplicity of possible individual actions. The coherence of judicial decisions would then seem to be better respected by allowing the interests of multiple victims to be defended in the context of a criminal class action
Pitsela, Angelika. „Straffälligkeit und Viktimisierung ausländischer Minderheiten in der Bundesrepublik Deutschland : dargestellt am Beispiel der griechischen Bevölkerungsgruppe /“. Freiburg : Max-Planck-Institut für ausländisches und internationales Strafrecht, 1986. http://catalogue.bnf.fr/ark:/12148/cb37431347c.
Der volle Inhalt der QuelleMakaya, 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
Barbant, Chantal. „L'impact du sens donné à la vie sur le rétablissement de quatre femmes victimes de viol“. Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78179.
Der volle Inhalt der QuelleWittke, Margarete. „Mord und Totschlag? : Gewaltdelikte im Fürstbistum Münster 1580 - 1620 : Täter, Opfer und Justiz /“. Münster : Aschendorff, 2002. http://catalogue.bnf.fr/ark:/12148/cb390732815.
Der volle Inhalt der QuelleFeldman, Bernard. „Contribution à l'étude épidémiologique et à la prise en charge des agressions sexuelles en Israël de 1995 à 2000“. Paris 13, 2002. http://www.theses.fr/2002PA131002.
Der volle Inhalt der QuelleBischoff, Valérie. „Les agressions sexuelles physiques“. Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30021.
Der volle Inhalt der QuelleThe study of the sexual aggressions leads to the development of a concept of physical sexual aggressions currently failing and to insist on the specificity of the matter within sight of an undecided legal answer. Imperfections affect these infringements : the rape is eloquent, the sexual aggressions others than the rape leave pantois. Thus, to requalify in contacts is essential. The distinctive criterion of the two infringements, the intimacy of the bringing together, levels : the rape requires a penetration, the contacts, a contact, distinction weakened in practice. The study of the common criteria reveals the difficulties of seizing the concept of sex and of proving the absence of assent of the victim. Being the legal status, the two infringements form a homogeneous block, from where the development of an original criminal policy which reconcilies two requirements, safety and humanity. In the name of safety, the legislator founds energetic measurements, of which a very long imprisonment. In the name of a humanity, it rediscovers that of the victim by adapting the procedure to its fears ; it tries to give a direction to the detention of the sexual delinquent
Hebert-Dolbec, Marie-Laurence. „La place réservée aux victimes au sein de la justice internationale pénale“. Doctoral thesis, Universite Libre de Bruxelles, 2021. https://dipot.ulb.ac.be/dspace/bitstream/2013/320982/5/CDMLHD.pdf.
Der volle Inhalt der QuelleDoctorat en Sciences juridiques
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Moussavou, Charlène Mirca. „Le statut de victime de crimes internationaux devant la cour pénale internationale“. Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1097.
Der volle Inhalt der QuelleTo the atrocities experienced by the 19th and 20th centuries in terms of mass crimes, many attempts have led the international community to create an international criminal court to prosecute those responsible for the "big war crimes" during global conflicts. Through the letter and spirit of the Statute of the International Criminal Court, we note with relief the renewed interest of the international criminal justice for the victim and for its reconstruction. Until then, it was mainly focused on the criminal, the first goal of the latter being the fight against impunity. One of the major innovations made by the Rome Statute is the central place for victims in the proceedings. Unlike its predecessors, the ICC gives them both a criminal and civil status ; they have a right to participate in criminal proceedings from its beginning under conditions strictly controlled by the judge and a right to compensation for damage suffered. But what is the real victim involvement in these processes, and what are its limitations and practical implications to the objectives originally set extension ? This study aims to conduct a thorough review of the device providing the rights of victims of international crimes and an analysis of its first applications
Gozzi, Marie-Hélène. „Le terrorisme : essai d'une étude juridique“. Toulouse 1, 1997. http://www.theses.fr/1997TOU10054.
Der volle Inhalt der QuelleFew phenomenons exist, in the legal science field, which present so much technical difficulties and set so much matters of conscience than the one which claim to be ideological. Terrorism is revealing this statement. It imposes itself upon ours societies by the way of its frequency and the strength of the produced violence. Unjustifiable as these terrorist acts may be, they have been subjected belatedly to autonomous incrimination. Moreover, the specifity of this kind of infraction is not reknown even though this one is subject to a particularly strict procedural system. Between common law and unusual measures, criminal law appears as hesitating concerning the act's designation. If international law seems to be effective about a judicial collaboration, states show a certain powerlessness nevertheless to define the act on a perceptible way. So, the French experience with regard to terrorist schemings has essentially been useful to the elaboration of a victims indemnification convenient system. That's why noticeable improvements are still to bring about
Giasson, Milène. „Le respect de l'autonomie : un enjeu éthique dans l'intervention psychosociale auprès des personnes aînées victimes de mauvais traitements“. Sherbrooke : Université de Sherbrooke, 2005.
Den vollen Inhalt der Quelle findenWagner-Lapierre, Claudie-Émilie. „Justice endormie? : la prescription des actions en indemnisation des victimes d'agression sexuelle“. Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/29634.
Der volle Inhalt der QuelleLatreille, Pascale. „L'expérience des victimes : de la demande de justice au souci de régulation et de gestion des conséquences du crime“. Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23591.
Der volle Inhalt der QuelleAlmakhoul, Issa. „L'adaptation du droit pénal à la protection du mineur victime d'infractions sexuelles“. Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_almakhoul_i.pdf.
Der volle Inhalt der QuelleMinors who are victims of sexual crimes should be entitled to a special protection by the criminal law. The importance of such protection should not be minimised. Criminal law should include provisions which are able to address adequately sexual crimes in which the victim is a minor. The purpose of this research is to examine to any extent minority affects the provisions of the Criminal Code, aiming at providing the required protection of the minor victim in the criminal legal system. Can the substantive and procedural criminal rules regarding sexual offences which are not applying particularly to the victim as a minor provide him/her with the sufficient protection? In other words, should the rules dealing with sexual offences in which the victim is an adult be the same and apply to a case when the victim is a minor? If the answer to the previous questions is no, the minor as a victim of sexual offences would need new rules in order to address his case? How could we set these rules? One of the topics is to analyze all the preceding questions concerning the adaptation of the criminal law to deal more adequately with the cases when the victim of sexual offences is a minor. A comparative analysis between the required protection of the minor as a victim of sexual offences and that protection provided generally by the criminal law raises two main questions: firstly, how to adapt substantive criminal rules in order to provide a better protection for the minor victim of sexual offences. Furthermore, minority should be an element of the sexual offences rather than an aggravating circumstance. Secondly, to adapt the criminal law to suit the status of the minor victim can be by the individualization of procedural techniques. Criminal proceedings should be reorganised to take into consideration the minor victim as a subject of real protection. The French law which has a long history in protecting the minor victim should now adopt a new model providing a comprehensive care of the minor victim of sexual offences
Le, Magueresse Catherine. „Les femmes victimes de violences sexuelles masculines confrontées au droit pénal de fond“. Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D069.
Der volle Inhalt der QuelleBy disclosing the sexual violence they endure, women expose the rights that perpetrators claim and the power they wield. Penal law dealing with sexual violence therefore requires that legislators and judges take a stand as to those rights and power. This research analyzes, from a feminist perspective, how penal law and the legal system comprehend sexual violence such as rape, sexual assault and sexual harassment. Relying on international law and a comparative approach, it considers how our legal system could be changed to provide justice for women
Chauvet, Catherine. „Les victimes d'abus sexuel : à propos de 95 observations d'un Service de Médecine pour adolescents à la Réunion“. Bordeaux 2, 1993. http://www.theses.fr/1993BOR2M068.
Der volle Inhalt der QuelleSanchez, Marianne. „Violences sexuelles au sein du couple : profils de victimisation sexuelle et exploration phénoménologique chez les femmes victimes de violences conjugales“. Electronic Thesis or Diss., Paris 10, 2023. http://www.theses.fr/2023PA100108.
Der volle Inhalt der QuelleIntimate partner violence is a complex and multifaceted phenomenon. It includes physical, psychological, sexual, economic and administrative violence, and is the most common form of violence against women worldwide. Intimate partner sexual violence includes any non-consensual sexual activity within a partnership that is obtained using force, threat or coercion. Despite its detrimental effects on mental health, intimate partner sexual violence remains under-researched, limiting our ability to understand and address the problem. The main objective of this thesis is to contribute to the understanding of the sexual dimension of intimate partner violence. Three research questions are addressed: what situations of sexual victimization (types of acts, frequency) are intimate partner violence victims exposed to? What are the associated clinical characteristics among victims? And how is sexual violence experienced and interpreted when perpetrated by a partner?Methods. After performing a literature review, data from a first cross-sectional study of a sample of female victims of intimate partner violence (N=93), collected through self and third party administered questionnaires, were subjected to cluster and comparative statistical analyses. Data from a second study, collected through non-directive interviews with women who disclosed sexual violence by their partner (N=7), were the subject of an interpretative phenomenological analysis.The results of the quantitative study indicate that 65.6% of the women in the sample had experienced intimate partner sexual violence. Four clusters were identified, corresponding to different contexts: « highly frequent rapes » (5.4%), « predominant sexual coercion » (20.4%), « medium frequency of all forms » (20.4%), and « low frequency of all forms » (19.4%). This study highlights the significant heterogeneity of sexual violence situations within violent relationships, and the tendency of sexually victimized women to suffer from more pronounced symptoms of complex post-traumatic stress disorder. The qualitative study identified five key themes in the lived experience of victims: the impact of a pre-existing sexual dynamic on sexual violence, which helps to « set the stage »; an experience of dehumanization; the pain of an intense cognitive load, associated with trying to understand the aggressions; a process of retrospective reinterpretation of sexual violence, after separation; and the feeling of a psychological impact that is still present despite the separation. This study reveals how emotional distress and cognitive uncertainty are present prior to sexual violence, during sexual violence, and continue after separation. It also shows how victims interpret it in terms of their own vulnerability, at the intersection of traumatic childhood history and insecure attachment This work contributes to improving knowledge about a sensitive and poorly understood topic. The implications for prevention, training of professionals, detection and psychotherapy are discussed. More research is needed to move toward a comprehensive approach that integrates the multiple dimensions and complexities of intimate partner violence
Saupique, Caroline. „Les disparitions criminelles : enlèvements et séquestrations“. Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCC035.
Der volle Inhalt der Quelle40 000 disappearances of people are reported every year in France. But what does it mean to disappear today? We will see through this thesis that behind this appellation there is a multitude of scenarios that must be envisaged by investigators to solve the absence’s enigma. And among all explored tracks there is the specific object of our research : criminal disappearances. We will analyze it from various acts of kidnapping, sequestration and murder. We will do a qualitative study based on press reports, written testimonies of victims such as Natascha Kampusch and Sabine Dardenne and also from our clinical practice in jail. Through this methodology of research and analytic method we will answer psychic mechanisms putting into this criminal acts by criminal operational modes and from point of view of perpetrators, victims and their families
Duroch, Françoise. „Résistances et appropriations institutionnelles des Organisations Non Gouvernementales autour de la notion de victimes de violences sexuelles : le cas de Médecins Sans Frontières en République Démocratique du Congo“. Lyon 2, 2008. http://theses.univ-lyon2.fr/documents/lyon2/2008/duroch_f.
Der volle Inhalt der QuelleThis work offers to analyse the learning process of the humanitarian organization Médecins Sans Frontière (Doctors without borders / MSF) around the notions of victims of sexual violence. The first part is dedicated to a conceptual and critical essay on the concepts of rape victims, in particular in the field of social sciences, as well as to an introduction to the history of the Democratic Republic of Congo (DRC). The second part of the study presents a qualitative study of one MSF's most important intervention in Eastern DRC in favour of victims of sexual violence. The medical anamnesis of 2695 patients received by the organisation were studied in order to understand the phenomenon of massive rapes in this region; semi-directive interviews have also been conducted with volunteers and managers of the organization participating to the development of this type of operations. The last section describes the elements which have led MSF to consider the phenomenon of sexual violence in its fields of interventions, as well as the organization's appropriation and resistance processes vis-à-vis these issues. The organisational learning dynamics seems to have been made possible by a set of key events: conflicts, HIV-Aids pandemics, favourable institutional environment, and scandals in the media. Resistances develop around social representations of the victim, as well as ethical and technical stakes. In these processes should appear some forms of mediation, some conveyors of meaning, pedagogues of the otherness, which could contribute to bringing significance to action-taking around phenomena sometimes located in the spheres of the unspeakable
Omoali, Quionie. „Vers un modèle évolué de prise en charge des victimes des violences sexuelles basées sur le genre commises en période de conflits armés. Cas de la République Démocratique du Congo“. Electronic Thesis or Diss., Pau, 2024. http://www.theses.fr/2024PAUU2156.
Der volle Inhalt der QuelleFor approximately 27 years, the Democratic Republic of the Congo has been plagued by armed conflicts, currently persisting in the eastern part of the country. Thousands have lost their lives, and women and girls have endured various and exceptional harms from sexual violence, compounded by stigma and social ostracization. Despite progressive national and international legal frameworks, impunity persists, denying victims access to the right to redress. The dysfunctional national judicial system, guided by conventional criminal and reparative principles, reveals the weakness of the domestic response to the implicated international crimes. In the context of transitional justice revival, traditional national approaches to criminal justice and reparations prove inadequate in the dual national and international setting. A unique comprehensive approach addressing international crimes, focusing on the autonomy of sexual violence as a weapon of war in the DRC, gives rise to a transitional justice mechanism encompassing both judicial and extrajudicial aspects. In a geopolitical landscape marked by UN disengagement and the erosion of international responsibility, the prospect of a judicial mechanism constructed with a crescendo approach to the internationalization or denationalization of concurrent jurisdiction between national courts (Judicial Special Chambers) and the Special Criminal Court for the DRC, an international tribunal, constitutes the innovation of this thesis
Lochon, Annie. „L'évolution de la réaction sociale aux violences et crimes sexuels entre 1989 et 2012 dans la presse française“. Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC018.
Der volle Inhalt der QuelleBased on the analysis of 1472 articles in two French newspapers on violence and sexual delinquency, carried out using the software Prospero, this thesis highlights the mechanisms of crime presentation already known within a newspaper: the place of miscellaneous facts, the dramatization, the antagonistic presentation of perpetrators and victims. Still, this kind of processing can nourish a biased social representation of sexual offences, lead to insecurity and to populist criminal policies. Between 1989 and 2012, the way these crimes and offences were named, changed from "sexual abuse", the first expression used at the beginning of the period, followed by that of "sex offender", before the expressions "sexual violence" and finally "gender and sexual violence" became the two most popular expressions used. This succession of expressions appears as one of the signs of the evolution of the social reaction towards its violence and offences. These last two generalized expressions confirm the presence of a continuum in the way we think about various forms of sexual violence. However, the dichotomy between the representations of perpetrators and victims of sexual violence prevents us from taking this public problem under serious consideration
Abu, Amara Nisrin. „Du fait divers au débat public : représentations médiatiques, sociales et politiques actuelles des violences faites aux femmes en Egypte, en Jordanie et dans les Territoires palestiniens“. Paris 5, 2008. http://www.theses.fr/2008PA05H107.
Der volle Inhalt der QuelleWithin the context of international debates on violence against women, in the Middle-East this concern has been the center of recent media, political and social debates. This thesis is divided into three parts in which we analyze the different aspects of representations of violence against women in three countries, due to their common history and geographical proximity: Egypt, Jordan and the Palestinian territories. To what extent the media of these countries can deal freely with this issue? What is the role of civil society, political institutions, state and religion in the emergence of this debate? Primarily, we will expose recent research and demographic surveys in these countries. In the second part, we will discuss the role of legal, political and social institutions and the media towards this issue in all three countries. The third part will concern the qualitative analysis of 148 press articles taken from the National Arabic daily "Al Ahram International" between 2002 and 2004. To better understand the journalistic representation of different forms of violence such as the so-called "honour" crimes and "marital crimes" committed by either spouse, we chose the method of analysis content to study the journalistic discourse on these forms of violence
Faucher, Mireille. „Obstacles à la dénonciation à la police des agressions sexuelles vécues par des femmes adultes“. Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24651/24651.pdf.
Der volle Inhalt der QuelleParent, Marielle. „Les crimes de disparitions forcées du Parti communiste (bolchevique) de l'Union soviétique : une pratique antérieure au Décret "Nacht und Nebel" examinée à la lumière de la Convention internationale pour la protection de toutes les personnes contre les disparitions forcées“. Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28076.
Der volle Inhalt der QuelleHistorians, jurists and human rights defenders trace the origin of enforced disappearances to the “Night and Fog Decree” issued by Hitler. Our contribution will consist of questioning this historic reference by proving the existence of a past practice within Soviet territory. The study highlights the obstacles faced during the searches conducted by close relatives, diplomatic and consular services, and NGOs (Red Cross, Memorial Society), in order to reconstruct the route taken by the disappeared persons. Facts underlying the disappearances are established and analyzed along with the International Convention for the Protection of All Persons from Enforced Disappearance.
Историки, юристы и защитники прав человека считают, что насильственные исчезновения впервые вошли в практику в связи с декретом «Ночь и туман» гитлеровского режима. Мы хотели бы поставить под вопрос это историческое утверждение и показать, что подобная практика существовала на советской территории и ранее. Настоящее исследование выявляет препятствия, встреченные при розысках исчезнувших их близкими, а так же дипломатическими и консульскими службами, общественными организациями (Красным Крестом, Oбществом Мемориал), что бы восстановить их маршрут передвижения. Факты исчезновений установлены и исследованы совместно с Международной Конвенцией для защиты всех лиц от насильственных исчезновений.
Geneau, Geneviève. „L'évolution du cadre juridique relatif à la violence sexuelle commise à l'égard des femmes en droit international pénal“. Master's thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/27040.
Der volle Inhalt der QuelleIn this text, the evolution of the legal framework relating to sexual violence against women in international criminal law will be discussed. A legal analysis adopting an historic and a feminist approach will be developed relating to the issue of sexual violence against women addressed by the following international criminal tribunals: International Military Tribunal of Nuremberg, International Military Tribunal of Tokyo, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda and the International Criminal Court. The development of international humanitarian law and international human rights law after the Second World War will be also examined in this regard. It will be explained that sexual violence against women, in international criminal law, has been subjected to an historic silence, which persisted until the elaboration of the Rome Statute of the International Criminal Court. This Statute stands as a significant normative development even though obstacles and challenges still remain and need to be addressed.
Dezallai, Amanda. „Réflexions sur les statuts de victime en droit international pénal“. Electronic Thesis or Diss., Orléans, 2011. http://www.theses.fr/2011ORLE0003.
Der volle Inhalt der QuelleWhile the ICT carry out their Completion Strategies, the ICC will soon pronounce its first decision. At this point, itis important to assess international criminal law and especially victim’s status according to this law. Actually, theysymbolise the ins and outs of international criminal law. Once forgotten, once sacralised, the victim never leavesus indifferent, above all a victim of international crimes. His or her recognition has deeply altered internationalcriminal law, which now gives him or her an increasing place. Studying the laws of the international criminal courtsshows that there is not one status but several status of victim. This plurality comes from the fact that there areseveral legal characterisations of victim and several legal conditions. The analysis of the different factors leadingto this multiplicity of legal status enables us to envision this legal diversity as a power of international criminal law,rather than one of its weaknesses. It is the middle way between considering victims as a shapeless, undefinedand undifferentiated crowd and considering each victim individually. But, as with the status of private persons ininternational public law, reaching and keeping a well-balanced status is difficult ; and these are perfectible andcan be improved. This is the reason why some suggestions for the enrichment of the different status are madeand, for each of them, there is a thorough questioning and analysis of whether it is feasible and desirable. As aninternational criminal justice system is under construction, the victim could find a place in it which would satisfy allthe protagonists of the legal proceedings against international crimes, including and particularly States
Dezallai, Amanda. „Réflexions sur les statuts de victime en droit international pénal“. Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0003.
Der volle Inhalt der QuelleWhile the ICT carry out their Completion Strategies, the ICC will soon pronounce its first decision. At this point, itis important to assess international criminal law and especially victim’s status according to this law. Actually, theysymbolise the ins and outs of international criminal law. Once forgotten, once sacralised, the victim never leavesus indifferent, above all a victim of international crimes. His or her recognition has deeply altered internationalcriminal law, which now gives him or her an increasing place. Studying the laws of the international criminal courtsshows that there is not one status but several status of victim. This plurality comes from the fact that there areseveral legal characterisations of victim and several legal conditions. The analysis of the different factors leadingto this multiplicity of legal status enables us to envision this legal diversity as a power of international criminal law,rather than one of its weaknesses. It is the middle way between considering victims as a shapeless, undefinedand undifferentiated crowd and considering each victim individually. But, as with the status of private persons ininternational public law, reaching and keeping a well-balanced status is difficult ; and these are perfectible andcan be improved. This is the reason why some suggestions for the enrichment of the different status are madeand, for each of them, there is a thorough questioning and analysis of whether it is feasible and desirable. As aninternational criminal justice system is under construction, the victim could find a place in it which would satisfy allthe protagonists of the legal proceedings against international crimes, including and particularly States
Coscas-Williams, Béatrice. „La victime d'agression sexuelle face à la procédure pénale israélienne“. Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB181/document.
Der volle Inhalt der QuelleOn the 21st of March 2001, the "Rights of Victims of Crime Law", which acknowledges the existence of victims in the criminal procedure, was passed. This law, which is the fruit of the intervention of the feminist and the human rights movement, finally recognizes the necessity of granting rights to victim of crime in general, and the victim of sexual offences in particular. The "Rights of Victims of Crime Law" included a series of rights for victims during the different stages of the criminal proceedings such as free access to information, the protection of their privacy and the right to be protected inside and outside of the court from intimidation by offenders and their families. Likewise, victims of sexual offences may receive information, and express their opinions, under specific conditions at different stages during the trial and in cases where a plea bargain is struck between the offender and the prosecutor. Despite this new law, the victim's participation in the process remains symbolic. The victim remains on the sidelines of the Israeli criminal justice system, with no active role at any stage of the criminal process. The only real players are the public prosecutor, the accused and his or her lawyers. It seems at first glance that the fact that the victim does not participate in the criminal process is based on the characteristics of the Israeli criminal system as an adversarial system. As an adversarial system of law, the Israeli criminal system consists of two parties only, which are equal: the prosecution and the accused seeking to resolve a dispute before a passive judge, interested in discovering the procedural truth. In this system, there are two parties, the defense and the prosecution, the victims only representation being as a witness. However, we have seen that during the last thirty years, in countries utilizing a similar legal system, a clear evolution in victims' rights based on the Due Process of Law and a fair trial for the accused and for the victims of sexual abuse. In some of these countries, victims have profited from an effective role during the proceedings. The journey of the victims of sexual offences in the criminal court, from the filling of a complaint with the police, to the meeting with the prosecutor and judges, until the sentence, is not easy, considering that he or she is not represented by a lawyer. Moreover, the domain of sexual offences is laden with stereotypes that the victims have to deal with. If "The Rights of Victims of Crime Law", try to ease the process for victims, the victims' participation is weak and depends on the will of the prosecutor. Moreover, the opinion of the victim does not have any bounding value. In fact, this law does not provide standing or remedies for victims rights violation. The traditional Israeli criminal system does not satisfy the need for victims of sexual assault to express human feelings during the stages of the criminal process, and may lead in certain case to secondary victimisation. Therefore, it is interesting to consider if the Israeli criminal prooceedings could be influenced by other systems of law which have succeeded in granting effective rights to victims, and whether the social and juridical evolution of Israeli society might offer progressively a forum to victims, notably with the utilization of restorative justice
Clément, Eloi. „Les caractères de l’influence de la victime en droit pénal“. Thesis, Rennes 1, 2013. http://www.theses.fr/2013REN1G012/document.
Der volle Inhalt der QuelleThe victim of the offense has some influence on the formation and qualification of it. Beyond their differences, the rules of criminal law and special evoking the victim have certain common characteristics , which leads to the conclusion that the influence of victim in criminal law is generally consistent , if not homogeneous . First, the criminal law generally allows to take into account that only factors relating to the personality or behavior of the victim which are knowned by the offender. The influence of the victim is a subjective . Only a few characteristics of the victim whose knowledge the agent would be too difficult to prove can be considered objectively . Second, the offense is a special event , distinct from other types of damage which the civil or administrative laws try to repair . Criminal victim is thus distinguished civil or administrative victims. This is why its influence obeys specific criminal criteria. There may be specific criteria criminal law . There are also existing criteria in other areas of law, but put together by the criminal law in a category of its own . However , criminal law is constructed by reference to the offender , the reference to the victim is a secondary variable. Criteria influence the victim sometimes deserve to be harmonized , especially as they vary in time and space . Every social organization promotes its own conception of criminal victim
Sebuhoro, Célestin. „Quête de l'identité chez l'adolescent rwandais rescapé du génocide: approche développementale et différentielle“. Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210928.
Der volle Inhalt der QuelleRomero, Marie. „Le traitement juridique des délits sexuels sur mineurs, une enquête de sociologie législative et judiciaire“. Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH017.
Der volle Inhalt der QuelleWe are witnessing an important evolution in Western society of the condemnation and legal justice as regard to sexual violence towards children, teenager especially girls, but also young boys. It is in this context that my research has been carried out. There has been a double inquiry; legislative sociology; and judicial sociology. They put up to date the important placing of age reference, the evolution as regarding sexual norms and representations of illicit sexual relations.The firs investigation of legislative historic sociology carries on the evolution of French penal codes dating from the French Revolution to today. It is censed on slow mutations of categories of incrimination that consent (no longer the matrimonial state) becomes the major point that separates permission and the forbidden. The second inquiry of judicial sociology was carried out int the archives of two correctional courts, two children correctional courts in the South of France. It carries upon the documentation of eighty-one judged cases from 2010 for sexual offences against minors. The aim is to put light upon penal qualification of facts, not only the problem of legal proof but also changes as regard to social and judicial norms. The point these two inquiries have in common i the update of two forms of sexual consent: statuary and situation.Throughout this research, the facts were analyzed from different angles: the social-juridical treatment of ages status (minors vs of age and minors vs minors). The meaning given to the age of consent, and legal responsibility; the legal difficulties as regard to incest and finally gender discrepancies between victims and aggressors
Matignon, Emilie. „La justice en transition. Le cas du Burundi“. Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2015.
Der volle Inhalt der QuelleAs an answer to cycles of mass violence in Burundi, a transitional justice process has been opened. The Burundian case study presents some particularities among this kind of process. Whereas the Arusha peace and reconciliation agreement for Burundi in 2000 decided setting up two transitional justice instruments, a special court and a Truth Reconciliation Commission, the transitional justice process has not begun yet. Only National Consultations were organized in 2009. The negotiations and the mediation occurred during the ongoing war. There were no winners and no losers but just armed men who decided to discuss in order to conquer the power and then to keep it. That may explain why negotiations were so longer and staggered. A sort of consociativisme system was set up in Burundi as the model organization of power-sharing. Inside the politic game of power-sharing the peace-justice dilemma appears through instrumentalization of retributive justice which is assimilated to justice and the truth and pardon which claim referring to peace. Another particularity is found regarding numerous judicial and legal reforms relatively to children rights, lands conflict, electoral law or Criminal Code. On the eve of the implementation of the Truth Reconciliation Commission, the global nature of the transitional justice process is obvious. The Burundian context appears as an illustration of the extensive meaning of transitional justice which represents a justice in transition. The global nature of the matter is emerging through its temporal and disciplinary versatility. On one hand, transitional justice seems to be past justice, currently justice and future justice at the same time and on the other hand it may take several forms out of the official one, initially predicted. In a legalist and normative view, global nature of justice in transition might cause deadlock regarding the case of Burundi. In a systemic and multidisciplinary perspective, global nature of justice in transition reveals change capacities according to the case of Burundi. What really matter in such transitional justice process is relieving victims and perpetrators’sufferings which are undeniably linked and bringing answers to each protagonist of the crime as to the society with the permanent and ambitious aim of reconciliation
Yaya, Doumbè Brunet Marie. „Crime contre l'humanité et terrorisme“. Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3001/document.
Der volle Inhalt der QuelleIf the matter of including terrorist acts in the notion of crime against humanity had already been approached repeatedly in certain research works, since the terrorist attacks of September 11th 2001, committed in the United States of America, it raised intensively. This study grew from the will to know if terrorism could be considered as a crime against humanity. This one aims to be an analysis of similarities and disparities between terrorist incrimination and criminality on the one hand and those linked with crime against humanity on the other hand. If in certain respects, terrorism gets closer to the crime against humanity, by violence and ideological context which characterize them, the fact remains that they are essentially two different forms of criminalities. Given that dealing with crime against humanity and terrorism, will raise subjects in which are closely interconnected law, history, politics and political sociology, thus the study is not restricted to the plain criminal law
Hecker, Joëlle. „Les temps et les modes de la reconnaissance politique : la RFA, Israël et la Claims Conference (1950-1990)“. Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0008.
Der volle Inhalt der QuelleThis thesis explores the impact reparations have on groups by focusing on the question of time. It applies Paul Ricoeur's distinctions made between objective, narrated and perceived time. Thus it can show that reparations function as the primary vehicle for recognition due to their rephrasing power. Though they cannot undo the irreparable, they are capable to change the narrative about the past. The case study chosen to prove this point are the German reparations to Israel and to the Claims Conference from 1950 to 1990. The method applied is critical hermeneutics, so the case is not only interpreted in order to understand the motivations for these very reparations but also to justify the principal of reparations in general. The German reparations are first related to the theories of recognition. The claims of the victims are identified as a struggle for recognition, while the reactions of the perpetrators are described as a journey towards the recognition of responsibility. Then the functioning of recognition is specified through a detailed study of the different forms that reparations have taken over time. The 1950s were the years of civil justice, i.e. of monetary reparations. This form of recognition was characterized by an elliptic way of telling the events. In the 1960s, criminal justice took the place, and made a more specific narration of the past possible thanks to the testimonies and verdicts. In the 1970s and 1980s, symbolic acts, essentially narrative, predominated. To sum up, each form of recognition constitutes its distinct mode of telling the past and modifies as a consequence the perception of time. This power to reformulate is an answer to the irreparable
Ben, Wazira Lotfia Bachir. „Le sous-développement social et les violences contre les femmes dans la société libyenne avant le "printemps arabe" (2011) : enquête sur la ville de Tripoli“. Thesis, Besançon, 2015. http://www.theses.fr/2015BESA1021.
Der volle Inhalt der QuelleThis research concerns the "violence against women" committed in Libya. For years, this question has been asked on the national and international scene, resulting in the adoption of several law. Yet, despite this, gender-based crimes continue to be practiced in developed countries but also and especially in poor countries. To investigate the link between the violence and the state of underdevelopment, this thesis will present, in a first part, the theorical scope of the study before, in a second part, explaining the characteristics of the field survey : the Liban society. The data concerning the liffe conditions of women, and legislations affecting their will, in the third part, permit to analyse the results to a questionnaire sent to a panel of 45 men, convicted or awaiting judgement for the commission of acts of violence again women
Baldé, Rouguiatou. „Justice et réconciliation : perceptions des victimes de crimes contre l'humanité en Guinée“. Thesis, 2020. http://hdl.handle.net/1866/25562.
Der volle Inhalt der QuelleSince its independence in 1958, Guinea has been ruled by authoritarian regimes that caused many victims of serious violations, the most notable dating from 1958 to 1984 under the reign of Ahmed Sékou Touré and recently in 2009 under the reign of Moussa Dadis Camara. The crimes against humanity in Guinea had direct and indirect impacts on the lives of the victims, their families, and their loved ones. They have left thousands of dead, they resulted in the exile of countless individuals and the rape and abuse of hundreds of women (Human Rights Watch, 2011). While some efforts have been made to address this violence, victims nevertheless persist in their demand for justice. This raises many questions: what is justice for the victims of crimes against humanity in Guinea? How do victims come to the sense of justice? In this paper, we explore the perceptions of justice of 31 victims of crimes against humanity in Guinea. More specifically, we use justice as a theoretical framework to examine perceptions and experiences of victims in relation to justice in order to promote reconciliation and lasting peace. The results indicate that justice has several dimensions, namely distributive justice, procedural justice and interactional justice. Although distributive justice (punishment and reparation) comes more quickly in victims’ discourse, procedural justice (neutrality of authorities, constancy, etc.) and interactional justice (respect, information, etc.) are equally important in the eyes of the victims. There are several similarities between the two groups of victims (1958–1984 and 2009) as regards the violence committed, their consequences, and the definition of justice. However, there are differences as well, particularly regarding the types of violence, the duration of the crimes, the method used to commit the crimes, the interchangeability of victim-offender roles, the duration of the consequences of crimes and the importance of the elements included in the definition of justice. Some elements included in the definition of justice would be more important than others for each group of victims given the time that has passed since the commission of crimes, the death of most perpetrators, and the interchangeability of victims perpetrators’ roles. That said, justice as a whole is a condition for reconciliation. However, the lack of justice experienced by the victims calls into question reconciliation in Guinea.
Raymond, Émilie. „Justice pour les crimes contre l’humanité et génocides : point de vue et attentes des victimes“. Thèse, 2010. http://hdl.handle.net/1866/4752.
Der volle Inhalt der QuelleHuman rights violations cause thousands of victims every year. Justice mechanisms, such as the International Criminal Court, have been developed to respond to these crimes, but victims remain under consulted. In this study, semi-structured interviews were conducted with Rwandan and Cambodian victims of crimes against humanity. Using social justice theories as a theoretical framework, this study examines victims’ perceptions of justice. The results show that while criminal justice is central in victims’ definition of justice, reparation and truth also are essential components. However, the criminal court’s ability to achieve truth is criticized by respondents creating a gap between the truth that they seek and the truth that they obtain. The quality of decision-making as well as how victims are treated also contribute to victims’ perception of justice. However, victims’ justice objectives vary according to the social and historic context.
Charette-Duchesneau, Sara-Eve. „L'expérience des victimes et du médiateur impliqués dans un processus de médiation pour des crimes "graves" au Québec“. Thèse, 2009. http://hdl.handle.net/1866/7426.
Der volle Inhalt der QuelleFaucher, Mireille. „Obstacles à la dénonciation à la police des agressions sexuelles vécues par des femmes adultes /“. 2007. http://www.theses.ulaval.ca/2007/24651/24651.pdf.
Der volle Inhalt der QuelleNaick, Kogilum. „The child rape victim through the criminal justice system : pitfalls and proposed solutions“. Thesis, 2001. http://hdl.handle.net/10413/9509.
Der volle Inhalt der QuelleCyr, Katie. „Empowerment et système de justice pénale : l'expérience des victimes d'actes criminels“. Thèse, 2008. http://hdl.handle.net/1866/6530.
Der volle Inhalt der QuelleChamberland, Anne. „Évaluation des effets du volet information et sensibilisation du programme Jeunes en action contre la violence sexuelle : J'AVISE /“. 2003. http://proquest.umi.com/pqdweb?did=766799791&sid=18&Fmt=2&clientId=9268&RQT=309&VName=PQD.
Der volle Inhalt der QuelleMorissette, Myriam. „L'influence thérapeutique de la perception de justice informationnelle et interpersonnelle sur les symptômes de stress post-traumatique des victimes d'actes criminels“. Thèse, 2014. http://hdl.handle.net/1866/12423.
Der volle Inhalt der QuelleFollowing a crime, the need for information is fundamental for victims (Baril, 1984). Police officers play an important role in the transmission of information to victims given that they are the first actors encountered by victims in the legal system and usually the ones with which they have more interactions (Laxminarayan, 2013). Also, how victims perceive the contacts they had with the police can have a significant impact on their psychological recovery (Herman, 2003). This study aims to measure the therapeutic impact of victims’ interactions with police officers and the dissemination of information given to them on post-traumatic stress disorder (PTSD). Thus, the measuring instrument used was l’Échelle modifiée des symptômes du trouble de stress post-traumatique (Guay, Marchand, Iucci et Martin, 2002) which is a french adaptation of the Modified PTSD Symptom Scale-Self Report (MPSS-SR) elaborated by Falsetti, Resnick, Resick et Kilpatrick (1993). It was administered to participants (n=188) to evaluate the presence of PTSD in terms of frequency and severity of the symptoms. The study shows that information is an important aspect of fair treatment which in turn affects PTSD symptoms. Finally, the results will be discussed in a broader perspective on the theories in victimology about fairness perception, the issue of secondary victimization and on the implications for policies on victims' rights.
Kustec, Valérie. „Le point de vue des intervenants travaillant avec les jeunes contrevenants sur le recours à la médiation dans les cas de crimes graves“. Thèse, 2012. http://hdl.handle.net/1866/8810.
Der volle Inhalt der QuelleBoth in research and in practice pertaining to criminology, it can be observed that there is growing interest in the field of restorative justice practices, such as mediation, as alternatives to the traditional justice in reaction to crime, especially in cases of serious crime. To this day, in Quebec and in Canada, there are no existing restorative justice programs offering measures such as mediation to young offenders having committed a serious crime. This study focuses on young offenders who committed a serious crime and on the pertinence of participating in a mediation process in theses cases. Specifically, the objectives of this study are to determine if there are conditions or counter-indicators to participate in mediation in cases of serious crimes committed by young offenders. Our secondary objective was to determine the advantages and the limits of mediation in cases of serious crime, according to the interviewees met. Finally, because two different types of workers were met, we compared these two groups to determine if differences could be observed in their point of views. We met with eight mediators and four youth workers in order to know more about their point of view concerning the use of mediation in cases of serious crimes, especially those committed by young offenders. Our analysis of the interviews allowed us to determine several conditions and counter-indicators to the use of mediation in these cases. However, even though many counter-indicators were named, it seems that an adequate preparation of both the victim and the offender should allow all cases to be referred to a mediation process. In practice, it is important to adapt the mediation process to the situation and to the needs of both the victim and the offender.
Boisclair, Demarble Julie. „Différences de genre dans la dissociation et la détresse péri-traumatique, et associations avec les troubles de stress aigu et de stress post-traumatique chez des victimes d’actes criminels graves“. Thèse, 2016. http://hdl.handle.net/1866/19305.
Der volle Inhalt der QuelleThis thesis aimed to contribute to the acute stress disorder (ASD) and post traumatic stress disorder (PTSD) literature in terms of gender differences among crime victims. Precisely, we were interested in the intensity and presence of peritraumatic reactions namely, dissociation and distress, among men and women victims of violent crimes. Two objectives were pursued. First, we evaluated whether peritraumatic dissociation and distress were significant risk factors for ASD development and if these acute stress reactions’ predictive capacity, differed according to gender. A second objective was to investigate if peritraumatic dissociation and distress significantly predicted PTSD development according to gender. Globally, in this research project, we were interested in determining the impact of gender in the prediction of the above-mentioned relationship . Semi-structured interviews; the Acute Stress Disorder Interview (ASDI) in the first article and the Structured Clinical Interview for DSM-IV (SCID) in the second article were conducted with 214 victims (125 women, Mage=39.6yrs) to assess ASD and PTSD respectively. Data on peritraumatic variables were collected through self-report questionnaires, the Peritraumatic Dissociative Experience Questionnaire and the Peritraumatic Distress Inventory. Peritraumatic dissociation and distress were both significant risk factors for ASD in men and women. Women presented higher peritraumatic distress levels compared to men victims. Gender differences were revealed through past potential traumatic experiences, where they have a cumulative impact on ASD risk development for men, but having few past potential traumas could be a protective factor for women. In the second article, findings reveal that acute stress variables were both significantly related to more PTSD symptoms, although no gender differences were identified. An acute stress disorder diagnosis was also confirmed as an important predictor of PTSD in victims of violent crimes. These results, study limitations, directions for future research as well as clinical implications for ASD and PTSD treatment will be discussed.
Roldan, Carlos Andres. „Le statut de Rome de la cour pénale internationale et le droit interne d’un pays en situation de conflit armé : le cas de la Colombie“. Thèse, 2014. http://hdl.handle.net/1866/11260.
Der volle Inhalt der QuelleThe incorporation of the Rome Statute of the International Criminal Court into the domestic legal system of a State Party constitutes an enormous commitment to justice and the protection and guarantee of fundamental human rights. This situation is especially interesting in Colombia, where the violation of human rights has been historically well-known during the internal armed conflict in which the country has gone through for several years now. Since its ratification of the Rome Statute, Colombia has a duty to search for truth and justice, as well as providing for integral repair and guarantees of non-repetition for the victims of the armed conflict. The treaty does not allow the creation of rules that allow for impunity and prevent knowledge of the truth which can explain that the conflict has persisted for so many years. The implementation of the Rome Statute by Colombia adjustment has produced different legal effects into its legal system. Some of these effects can be observed in certain laws adopted by the Congress of the Republic and in the Constitutional’s Court and the Supreme Court of Justice’s judgements. These laws and judgments have relied on the international obligations of the country contained in human rights treaties and the Statute of Rome. This master thesis exposes, among other things, how the provisions of laws relating to amnesties and the Law Justice and peace make the Rome Statute inefficient in Colombia.