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Academic literature on the topic 'Droit pénal équitable'
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Journal articles on the topic "Droit pénal équitable"
Pradel, Jean. "La notion de procès équitable en droit pénal européen." Revue générale de droit 27, no. 4 (March 23, 2016): 505–23. http://dx.doi.org/10.7202/1035753ar.
Full textCollet, Philippe. "Le droit au silence en procédure pénale." Revue de science criminelle et de droit pénal comparé N° 4, no. 4 (January 18, 2024): 751–75. http://dx.doi.org/10.3917/rsc.2304.0751.
Full textMoujahid, Hicham. "Le Droit à un Procès Équitable : Un Souci d’un Droit Pénal Équitable." مجلة الفقه و القانون, no. 22 (August 2014): 192–99. http://dx.doi.org/10.12816/0006238.
Full textKennes, Laurent, and Fanny Vansiliette. "Tribunal de première instance francophone de Bruxelles (63 e ch.), 15 janvier 2019." Consilio manuque 47 e année, no. 4 (October 1, 2020): 157–64. http://dx.doi.org/10.3917/coe.474.0157.
Full textManirakiza, Pacifique. "Les défis de la défense devant le Tribunal pénal international pour le Rwanda." Revue générale de droit 38, no. 1 (October 23, 2014): 47–109. http://dx.doi.org/10.7202/1027046ar.
Full textGarraway, Charles. "Superior orders and the International Criminal Court: Justice delivered or justice denied." International Review of the Red Cross 81, no. 836 (December 1999): 785–94. http://dx.doi.org/10.1017/s1560775500103712.
Full textDissertations / Theses on the topic "Droit pénal équitable"
Hezzi, Samia. "Le droit du mineur à un procès pénal équitable." Electronic Thesis or Diss., Limoges, 2024. http://www.theses.fr/2024LIMO0012.
Full textThe 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.
Full textPineau, Carine. "Le procès équitable devant la Cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
Full textWhile 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.
Full textThe 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.
Full textIt'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.
Full textHama, Kadidiatou. "Le statut et les fonctions du juge pénal international." Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD003.
Full textThe 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.
Full textDalil, Essakali Moulay Abdeljalil. "La place du procès équitable dans la justice pénale marocaine." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA017.
Full textCurrently, 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.
Full textThe 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
Books on the topic "Droit pénal équitable"
Giroux, Michel. Procédure pénale. Cowansville, Qué: Éditions Y. Blais, 1999.
Find full textDecker, John F. Revolution to the right: Criminal procedure jurisprudence during the Burger-Rehnquist court era. New York: Garland Pub., 1992.
Find full textjuridika, édition. Procédure Pénale : Leçon N°4 : « les Principes Directeurs du Procès Pénal: Le Droit à un Procès Pénal équitable ». Independently Published, 2022.
Find full textProcedure pénale volume 14. Emile Bruylant, 2000.
Find full textConstruction of Guilt in China: An Empirical Account of Routine Chinese Injustice. Bloomsbury Publishing Plc, 2020.
Find full textDecker, John F. Revolution to the Right: Criminal Procedure Jurisprudence During the Burger-Rehnquist Court Era (American Legal & Constitutional History; Series of). Garland Pub (T), 1993.
Find full textDecker, John F. Revolution to the Right: Criminal Procedure Jurisprudence During the Burger-Rehnquist Court Era (Distinguished Studies in American Legal and Constitutional History). Taylor & Francis, 1993.
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