Dissertations / Theses on the topic 'Immunité pénale – Lutte contre'
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Kabore, Wendkoigda Eloi. "Globalisation de la lutte contre l'impunité et Statut de Rome de la Cour pénale internationale." Electronic Thesis or Diss., Bourgogne Franche-Comté, 2024. http://www.theses.fr/2024UBFCF002.
Full textOn July 17, 1998, the international community adopted the Rome Statute providing for the creation of a permanent International Criminal Court to try those allegedly responsible for international crimes on a universal scale. The purpose of this study is to examine the International Criminal Court's ability to achieve this objective.In fact, the Court represents a major step forward in the implementation of international humanitarian law, and a clear advance in the fight against impunity. It differs in many respects from other international criminal tribunals and consolidates and strengthens their achievements. However, the scale of the crimes and, above all, the status of the perpetrators are characteristic not only of its late establishment, but also of the complexity of the mission entrusted to it. The current picture reveals that its work is fraught with pitfalls and political and legal challenges, which have led to fierce criticism from certain countries, and even to a delegitimization of its existence today, which is marked by serious human rights violations. But is this criticism justified? Can we imagine today's society without a permanent International Criminal Court capable of dealing with international crimes? Objectively speaking, even if it must be stressed that the ICC has shown its inadequacies and shortcomings, it is just as important to have a permanent international criminal court
Le, Gall Élise. "Approche critique de la lutte contre l'impunité menée au sein des juridictions pénales internationales : réflexions sur l'opportunité des poursuites du Procureur international." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010286.
Full textWe will first assess the present state of the prosecution of international crimes, as well as that of the use made by prosecutors of the principle of opportunity, both on the international levels. This will allow us to underline the procedural weaknesses constraining the action of the Prosecutor, during the preliminary phase of the trial, as well as the drawbacks created in the work of ICC by the prosecution policy of the International Prosecutor. True enough, these imperfections play a major part in giving him the appearance of partiality, and contribute to the legitimacy crisis plaguing the ad hoc ICTs, which are often accused of bringing about a victor's justice. This appearance of partiality, also often created by the fact that the present prosecution policy ill-represents the on-going conflicts, is further strengthened by the small place which is given to the victims in front of the International Courts. This is because the international court system is first and foremost based on common law, which does not favour the intervention of the victims in the legal proceedings.Nevertheless it is possible to note that the growing influence of continental law on the criminal proceedings at the ICC has permitted the introduction of improvements, however insufficient they may be to end the crisis of confidence inherited from the ICTs. Thus, we can ask ourselves whether the lack or stammering of controls, set upon the positive or negative prosecution decision of the International Prosecutor, should not be remedied with a greater degree of checks and balances, therefore allowing the international criminal courts to work with greater efficency against impunity whilst, at the same time, setting themselves free from an obvious political hold. Answers can be found in a prospective analysis of the present workings of the ICC. This analysis will demonstrate the need for the ICC to draw a greater inspiration from continental law, in particular with regards to the role played by the victims and contribute to throw light on how the International Prosecutor builds his strategy
El, Azzouzi El Idrissi Hicham. "La coopération pénale euro-marocaine en matière de lutte contre le terrorisme." Toulouse 1, 2012. http://www.theses.fr/2012TOU10023.
Full textSince the signing in 1969 of the first agreement between Morocco and the European Union whose purpose was solely commercial, much has been accomplished since, in several areas of cooperation. The scale of terrorist attacks that have affected the Mediterranean region in the last decades, obliged Morocco and the European Union to explore the best ways to achieve a practical and operational cooperation in criminal matters against terrorism. The international threat that continues to evolve requires a close cooperation which should be based on both practical and consistent international and national foundations. In addition, a better understanding of the mechanisms of cooperation, in judicial and criminal matters such as extradition, mutual legal assistance and other new measures against the financing of terrorism, support the fact of a possible harmonization of treaty law and the domestic criminal law. Despite the considerable differences between the legal and judicial systems of Morocco and the EU countries, an effective cooperation in criminal matters remains the only way to establish the best way to fight against it, without infringing fundamental human rights and the principles of the rule of law
Maqsood, Safwan. "La lutte contre les crimes internationaux commis en temps de paix." Lyon 2, 2008. http://theses.univ-lyon2.fr/documents/lyon2/2008/maqsood_s.
Full textUnder this study the author examines various questions as to legal nature of the international crime and the criminal responsibility for committed this crime. He deepthly deal with the concept of individual criminal responsibility. This responsibility was recognized in many decisions adopted by the Internationals Militaries Tribunals (Nuremberg and Tokyo) which were created at the end of the 2nd World War. It’s recognized too in the works of International law Commission (ILC) after it’s established by the UN since 60 years ago. For effective repression of international crimes, which causing the damages to the international interests, especially the crimes against humanity and genocide, the international law reserved several cases to submitting of the national criminal jurisdiction. In this actually study, the author focused on the modern development in principal of universal jurisdiction and the complementarity which are quite often to be applied in difficult political environment, keeping in mind that these principaled have to deal with international and national constraints. Once the principle of complemntarity represents one aspect of the principle of universality and should relay on its general acceptance to further its efficaency and implementation. This principal reflected the jurisdictionnal relationship between the International Criminal Court (ICC) and the nationals courts. We were demonstrated the following prohibited acts which placed in list of crimes against humanity: Murder, Extermination, Enslavement, Torture and Apartheid. It s appear for us that these prohibited acts qualified as crimes against humanity by their definitions in the International Conventions, ILC works and Jurisprudence since the Nuremberg and Tokyo trails after the end of the 2nd World War to these days. Finally, this study analyses the development of the notion of universal jurisdiction proposed by the advocates of international law and adopted in the national laws with a view to strengthening the criminal justice system and preventing impunity
Gillet, Delphine. "Les instruments de lutte contre la récidive." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0047.
Full textFighting repeat offense is a new trend within History of the Criminal Law. Since the end of the death penalty: physical punishment, relegation and criminal guardianship, there are no absolute penal response, protecting the nation against recidivism. Rapid procedures and further made worse punishments breach fundamental rights, according the presumption of innocence, fair trial and defense rights. Tool's objectives and subjective criteria allow the implementation of a brutal crackdown by the Prosecutor. In a country that claims to be modern and human, chances of rehabilitation are actually limited. We know neither punish nor forgive. The aim of retribution always outpaces preventive measures challenges for preparing rehabilitation. Society is an accomplice of tools that feed counterproductive repeat offense. The recent adoption of criminal coercion gently begins a necessary paradigm shift. Inspired by Anglo-Saxon, the French probation will have an inconsistent reformer judiciary. Partnership, the enhanced individualization and restorative justice actively guide the offender on the path of desistance. To channel revenge of tools involves putting on equal punishment and rehabilitation imperative. The unsure and hazard bases of tools limit the scope of guiding principles on criminal law and effective rights of defense. Are incorrigibleness and hazardousness irrebuttable presumptions? Can recidivist claim a right to get rehabilitation against penitentiary administration?
Gautron, Virginie. "Les politiques publiques de lutte contre la délinquance." Phd thesis, Université de Nantes, 2006. http://tel.archives-ouvertes.fr/tel-00813174.
Full textFares, Philippe. "La Communauté internationale et la lutte contre le terrorisme." Strasbourg, 2009. http://www.theses.fr/2009STRA4013.
Full textThe fight against terrorism for decades is a major concern of the international community. Taking account of this struggle began in 1937 when the League of Nations discussed a charter for the prevention of terrorism. After 1945, the United Nations form the essential framework of the struggle that intensified after the bombing of Munich in 1972, and each will react to terrorist activity by the adoption of international conventions. However, the impact of 11 September 2001 and they have driven developments in the fight against terrorism on the evolution of the international legal order is to say the least. On the one hand, international law appeared to the States as an instrument of choice to organize the suppression and prevention of acts of terrorism and significant legal developments have occurred in this context. On the other hand, however, the international legal system has suffered since the beginning of the new millennium, a "test case" unprecedented, the relevance of some of its most basic standards being very seriously questioned by various states with regard to the requirements stated in the fight against terrorism
Al, Shamsi Obaid. "La politique pénale internationale dans le cadre de la lutte contre le crime organisé : "étude du cas émirien et français"." Rouen, 2009. http://www.theses.fr/2009ROUED010.
Full textNouzières, Romane. "La conciliation entre la lutte pénale contre le terrorisme et le respect des droits fondamentaux." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/28307.
Full textPignarre, Pascal. "La répression pénale des atteintes à l'environnement causées par les entreprises." Nice, 1996. http://www.theses.fr/1996NICE0020.
Full textGarrigos, Mariel. "Les aspects procéduraux de la lutte contre le terrorisme : étude de droit interne et international." Paris 1, 2004. http://www.theses.fr/2004PA010323.
Full textAbdel, Hafez Waleed Mohamed Hagag Ahmed. "La preuve en matière de criminalité organisée." Nantes, 2004. http://www.theses.fr/2004NANT4001.
Full textThe objective of criminal law is mostly to protect society. However, its efficiency depends especially on rules of criminal procedure which sends to establish the truth. But these rules have borders. They arise from on everlasting conflict between individual rights and the interest of society in optimal security. The balance between two apparently antagonist interests lies in the delicate subject of the law of proof The difficulty to collect evidence in usual penal cases increases much in organized crime cases. This complexity is sometimes due to the important threat that this type of crime creates in modem societies and sometimes to the characteristics of these crimes. Having made seen these difficulties, two reactions can be observed to face it : either to adopt an outstanding legal arsenal which may come up against human rights or to sacrifice the interest of the community for the benefit of individual rights, which threatens the stability and values of a State respecting the rule of law. The aim of this study is to collect evidence more easily in organized crime cases ; a heavy task, especially due to the difficulty in reconciling such powerful and sacred interests. Consequently, our study consists in examining the reversing of the burden of proof and some means to the obtaining of evidence, that may raise anxiety about their compatibility with human rights, such as undercover operations and several scientific methods. This research is based on national experiences but it tries to set out appropriate solutions
Cohen, Franck. "La difficile insertion de la législation pénale sur la lutte contre le racisme dans la loi sur la presse." Paris 1, 2003. http://www.theses.fr/2003PA010295.
Full textFitzgerald, Philip. "Les dispositifs juridiques internationaux de lutte contre la corruption des agents publics étrangers." Thesis, Toulon, 2011. http://www.theses.fr/2011TOUL0064/document.
Full textStates have criminalised the corruption of their national public officials for many years. The 1973 energy crisis and the end of the Cold War catalyzed however the increase of a specific form of corruption which had been until that point largely ignored by the legislators: the corruption of a foreign public official. The combat against the corruption of foreign public officials has recently witnessed major international normative developments notably with the entry into force of several international conventions at regional and global levels. The genesis of this international reaction can largely be attributed to the United States. In the wake of the Watergate scandal, the Foreign Corrupt Practices Act was signed into law by President Carter in 1977 becoming the first national legislation criminalising the corruption of foreign public officials. This law progressively became the template of the future international texts. The fight against this form of corruption faces many of the enforcement difficulties which are inherent to the application of international conventions. The efficacy of the international legal framework can logically be questioned. A primary analysis of the pertinent legal instruments will therefore attempt to highlight the strengths and weaknesses of this framework. In the light of the opinion of various experts in the combat against corruption, a second level of analysis which completes the first shall formulate proposals to improve the existing legal mechanisms in current international law
Mourey, Laura. "Le rôle du droit pénal dans la politique criminelle de lutte contre les discriminations." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00861851.
Full textJongsa-Nguandee, Jerawat. "La lutte contre l'abus de position dominante : regards croisés entre le droit thaïlandais et le droit français." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32068.
Full textThe abuse of its market power by a dominant firm is a serious problem that affects the current market system of Thailand. Thailand’s Parliament has enacted the Law on Competition since 1999 but Thai law of competition is not satisfactorily applied according to the will of the legislator. In this study, are studied the possible causes and solutions regarding the experiences and success of French law of competition; since France is a country with a comparable legal system and with the society that recognizes the importance of consumers. According to this study, in some points, the Thai law follows the right way. However, some improvements may contribute to its greater efficiency. Some legal provisions should be more resilient and thus they could adapt to economic conditions that keep changing. The competition authorities should have competent people in both legal and economic disciplines. There should also be improvements in the independence of competition authorities. The effectiveness of investigation should be promoted by taking into account the rights and freedoms of persons and the rights of defense. The penalties of administrative nature should be more used and it is recommended to revise the rates of fines to take into account the illicit profits. Finally, it is necessary to improve alongside the competition law, other concerning laws and regulations. The results of this study will be used for the proposition of improvement of the competition law in Thailand
Iler, Betul. "Réflexions sur les politiques françaises et européennes de lutte contre la cybercriminalité." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD029.
Full textGlobalization and technological progress constantly challenge the adaptation capacity of government policies. Cyberspace is a new freedom space and a new danger space giving birth to a new form of original crime called cybercrime. The regulation of this cross-border, fast and technical space, is not easy for States. The fight against cybercrime generates political, legal and technical problems. Cyberspace shows deficiencies of our current legal systems.The criminal law and criminal procedure’s adaptation to cybercrime should be done in Human rights’ respect. This balance between security and freedom is particularly hard in a virtual space. The legislator, the judge and the policeman are faced with the constant evolution of cybercrime methods requiring a coordinated and fast international judicial action. These requirements are difficult to achieve in a context of heterogeneity remains of judicial systems and no comprehensive and harmonized strategy has emerged. This fight raises questions about states sovereignty and requires rethinking current models
Reihanian, Aurane. "La rétention de sûreté : une approche pénale et constitutionnelle." Thesis, Paris, HESAM, 2020. http://www.theses.fr/2020HESAC026.
Full textFrench criminal law is marked by a desire to prevent recidivism. This will is clearly today, at its peak. The criminal threat isat a paroxysmal level, the solutions to annihilate it flourish with the increase of criminal and terrorist acts. The security measures are thus in the field of this project of strengthening our criminal arsenal.Among security measures, security detention is particularly marked by the seal of this will. It has, in particular, by its characteristics, fed many and heated debates within the French and foreign doctrine.Indeed, this measure is based on the assumption that some criminals -in this case sex offenders -present mental disorders that suggest a risk of reoffending. The dangerousness must then be apprehended under the criminological and psychological prism in order to prevent the dangerous individual to not repeat the act criminally incriminable.This criminal instrument supporting security and public safety confronts, de facto, with the challenge of preserving the rights and freedoms guaranteed both by our internal law and by the various sources of international law. Beyond the issues related to the legal technicality inherent in any criminal law instrument, security detention is at the crossroads of many issues: criminological, psychological, social, constitutional and conventional that cannot sink into ignorance.Whether or not we share the Political aim -in the traditional sense of the term, that is to say to make possible what is necessary -of the said measure, it seems useful in view of the sharpness of legal and political debates, to shed light on its characteristics and evolutions, which remain today as obscure blind spots
Fitzgerald, Philip. "Les dispositifs juridiques internationaux de lutte contre la corruption des agents publics étrangers." Electronic Thesis or Diss., Toulon, 2011. http://www.theses.fr/2011TOUL0064.
Full textStates have criminalised the corruption of their national public officials for many years. The 1973 energy crisis and the end of the Cold War catalyzed however the increase of a specific form of corruption which had been until that point largely ignored by the legislators: the corruption of a foreign public official. The combat against the corruption of foreign public officials has recently witnessed major international normative developments notably with the entry into force of several international conventions at regional and global levels. The genesis of this international reaction can largely be attributed to the United States. In the wake of the Watergate scandal, the Foreign Corrupt Practices Act was signed into law by President Carter in 1977 becoming the first national legislation criminalising the corruption of foreign public officials. This law progressively became the template of the future international texts. The fight against this form of corruption faces many of the enforcement difficulties which are inherent to the application of international conventions. The efficacy of the international legal framework can logically be questioned. A primary analysis of the pertinent legal instruments will therefore attempt to highlight the strengths and weaknesses of this framework. In the light of the opinion of various experts in the combat against corruption, a second level of analysis which completes the first shall formulate proposals to improve the existing legal mechanisms in current international law
Georgin, Sylvain. "Vers une nouvelle politique criminelle en matière de lutte contre la toxicomanie des mineurs : analyse comparative franco-canadienne : essai d'une théorie de la légalisation contrôlée." Paris 8, 2004. http://www.theses.fr/2004PA082472.
Full textThe failure of prohibition in the area of child drug addiction has forced French and Canadian legislators to reform their respective criminal policies. The controlled-legalization of drugs, which allows, subject to certain limits, the sale and use of soft drugs by minors, appears to be a solution. This system consists in supervising the use of drugs, thanks to the strict monitoring of consumption and sale in special coffee shops for minors. The new "excessive-use" incrimination will be the judicial consequence of non-complience with the new provisions. The aim is not only to suppress the abuse of drugs, but also illegal traffic. The ultimate purpose of the controlled legalisation of drugs is to create a new penal law that applies solely to young drug users, thus filing in the legal vacuum in the area of child drug addiction
Ouchene, Nadir. "L’applicabilité de la loi pénale à l’endroit de la cybercriminalité dissimulée." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020077.
Full textThe "Deep web" is a part of the web which isn't referenced by usual search engines. According to Chris Sherman and Gary Price, these only refer to 3 to 10% of the pages. The rest which isn't accessible to regular web users consists in the "Deep Web" and more than one billion hidden datas remain. In a few cases, the documents are too heavy, or the databases are too complicated to have their contents indexed, but in other cases, individuals decide not to reference their websites in order to make the information private. We can consider this as the tip of the Internet. It hosts several black market types such as, drugs, weapons or human trafficking. On a judicial point of view, this topic is quite meaningful and raises a lot of questions. The main issue is to determine how to organise the repression on that medium. This leads us to think about the application of the law through different countries, how can the international law comprehend the phenomenon effectively. How the different states should coordinate their repressive measures and agree on the proper procedural rules to apply. We could ask ourselves rather regular law enforcements are relevant enough to allow an adequate repression, or if specific infractions should be created. So the topic deals with essential thoughts on the international law
Rizzo, Anthony. "La confiscation et le gel préventif d’avoirs terroristes :quelle place pour les droits fondamentaux dans la lutte contre le crime et le terrorisme ?" Doctoral thesis, Universite Libre de Bruxelles, 2020. https://dipot.ulb.ac.be/dspace/bitstream/2013/315734/3/table.pdf.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Aillot, Ludovic. "Effets antiviraux de l'agonisation des Toll-like Récepteurs dans les cellules du foie, une nouvelle stratégie immunothérapeutique dans la lutte contre HBV." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE1139/document.
Full textHBV chronically infects 240 million peoples around the world. HBV chronic infection is a major public health problem and can lead to cirrhosis or/and hepatocarcinoma (HCC). Even if some efficient treatments are already available, based in particular on the use of nucleos(t)ides analogues that induce a decrease of viral load in patients, these drugs do not lead to a definitive HBV cure They enable an important decrease of liver cancer risk but need to be taken life-long. HBV infects hepatocytes the major liver cells which are involve in many vital mechanisms into the organism. The HBV minichromosome, which is formed into infected cells also called cccDNA (i.e., covalently-closed-circular DNA), is not affected by nucleos(t)ides treatments and thus is responsible for HBV persistence. The use of immune receptors (e.g. Toll-like receptors/TLR) agonists can lead to 1) an important cytokines/interferon (IFN) secretion; 2) promote immune cells activation/recruitment and 3) induction of many Interferon-Stimulated Genes (ISG). These mechanisms could lead to a greater viral clearance by cccDNA degradation or silencing. The need for new strategies to permanently eliminate HBV infection led many laboratories, including ours, to explore the use of immunotherapeutic treatments in a context of chronic infection, including innate immune stimulators (e.g. TLR7, TLR8 or RIG-I agonist are under clinical trials). To this end, we got interested on the potential anti-HBV effects of many TLR agonists in liver cells. Our strategy is to stimulate both infected hepatocytes and immune cells. We first characterized the expression of innate immune sensors in primary liver cells as well as in some liver cell lines. This allowed us to: 1) identify which sensors are expressed by liver cells, especially in hepatocytes (TLR2, TLR3, TLR4, TLR5); 2) evaluate their ability to produce cytokines (IL-6, IP-10) upon agonisation; 3) evaluation of cell lines model which are immunologically closed to the primary liver cells. HepaRG and a new liver macrophage cell line call iKC are immunologically close to their primary cells and appear to be relevant models for immune-therapeutics studies. The use of TLR2 and TLR3 agonists on HBV chronically infected hepatocytes showed a strong antiviral effect (i.e., decrease of HBV replication and cccDNA level) mediated directly by NF- kB-inducible and ISG genes activation and indirectly by cytokines secretion. Furthermore, this effect was shown stable over time without any viral replication rebound. This strategy targets not only infected hepatocytes but also immune cells, whose cytokines production also has a strong antiviral effect. Despite a weak in vivo effect in mice, a tuning in agonist doses used and better liver delivery could be an interesting immune-therapeutic strategy. Finally, we were investigated the particular case of TLR9 agonisation in presence of HBV. We showed an interaction between synthetic or not DNA ligands such as CpG ODN and HBV particles. This interaction leads in one hand, to HBV entry inhibition in hepatocytes, on the other hand, to a blockage of ligand delivery to TLR9 in pDC, which is not due to an inhibition of the TLR9 pathway, but to a lack of access of the ligand to its receptor. These two mechanisms are responsible for a decrease of viral infection during its establishment and a decrease in IFN synthesis by pDC, respectively. A decrease in IFN production, which this time was linked to a bona fide inhibition of the TLR9 pathway, in the presence of the sub-viral particles HBsAg was still observed, without retention of TLR9 ligand of the latter. It would seem, therefore, that use of TLR agonists represent an interesting strategy in setting up new anti-HBV immune-therapeutic approaches. However, their improvement will depend on the evaluation of viro-induced inhibitory mechanisms as well as better ways of in vivo delivering these ligands
Panait, Romana. "La lutte contre la criminalité transnationale organisée comme reflet du processus d'adhésion de la Roumanie à l'Union européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010333.
Full textRomania's request for accession to the European Union launched a process of constant and extensive examination of its capacities to integrate. In order for the country to satisfy the European requirements, the European Union imposed a series of criteria to be respected and obligations to be fulfilled. The country found itself completely transformed after the transposition of the European acquis. The Romanian legal system was fundamentally reshaped and, in this context, an evaluation of the Romanian legislation before and after the accession displays a particular high rate of transformations in the criminal field. This transformation of the criminal field in its entirety is best expressed by the profound change of the legislation concerning the transnational organized crime. From a point of almost complete lack of rules in this field, the implementation of the European acquis caused a real “bursting” of the Romanian legislation concerning the fight against transnational organized crime. The duty of the Romanian authorities during the process of accession to the European Union to adopt a new legislation regarding the fight against transnational organized crime which satisfies the European requirements was followed by the challenge of adapting this legislation to the Romanian realities in order to make it function on daily basis
Pourzand, Pejman. "L'internationalisation pénale en matière de trafic de drogue : étude critique de l'enchevêtrement des espaces normatifs." Paris 1, 2007. http://www.theses.fr/2007PA010328.
Full textTouchot, Olivier. "Etude comparée des législations antiterroristes en France, au Royaume Uni et aux Etats Unis." Paris 2, 2004. http://www.theses.fr/2004PA020051.
Full textMoyen, Ngnia-Ngama. "La répression, par les juridictions pénales internationales, des crimes de droit international commis dans les Grands lacs africains." Toulouse 1, 2011. http://www.theses.fr/2011TOU10009.
Full textThe repression of the most serious crimes regarding international law has been of continual interest. The trials in Nuremberg and Tokyo undertaken by the Charter of London in 1945 allowed the definition of war crimes, crimes against peace and crimes against humanity which led to establishing the premises of an international penal justice system. The idea of an international justice system is based on, in part, forbidding the recourse to force in international relations and/or internal. It is, therefore, the attempt to rectify the failings of internal judicial systems regarding repression that will be set up by the International Penal Tribunal in the former Yugoslavia in 1993 and the International Penal Tribunal in Rwanda in 1994 and then in 1998 with the International Penal Court. After briefly being used in Arusha in the Penal Tribunal in Rwanda, the situation is quite critical in Africa. Multiple dubious practices (mixing politics and law) used by governments in power and the tightening of internal law underline the limits of the legal structures in international justice. The principle of individual penal responsibility and the fight against impunity are at the heart of this work. The questions asked today are without a doubt the same that were asked in the 1940s : does the legal mechanism created by the international penal courts concerning the repression of serious crimes function ? What are the principle obstacles to applying this system of law ?
Aguilon, Alban. "Les modes de traitement de la cybercriminalité." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0067.
Full textCybercriminality evolved in the same way to the development of the new technologies of information and communication. The criminal law overhauled itself with some troubles, because this kind of delinquency use and create many new concepts. Cybercriminality transcends customary delinquency social manners as well as the borders, whereas applied law systems are based on the principles of national sovereignty, independence and territoriality. Others difficulties consist in the slowness of criminal law and the high confidentiality level insured by new technologies. Finally, the legal systems are ordinary applied to tangibles objects. About the internal law, it will be essential to rationalize the technical means and the cooperation between the protagonists, to perform the procedural dispositions and the judicial system efficiency. The international community cooperate actively, as attest many international agreements and the badly coordinated contribution of numerous specialized institutions. Moreover, private actors must collaborate and cooperate with institutional actors within a system which efficiently integrate paralegal modes of crime regulation
Chammat, Fadi. "L'espace de liberté, de sécurité et de justice à l'épreuve de la lutte contre la criminalité organisée." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0388.
Full textTo counter the threat of organized crime, which is constantly growing and becoming one of the most serious issues in the European Union, member states are under an obligation to strengthen penal cooperation against it. With the Maastricht Treaty, and the creation of the area of freedom, security and justice by Amsterdam Treaty, of which the fight against organized crime is the essential driving force, the Member States express their will to organize their actions and unite against the threats of organized crime. However, these phases have shown the ineffectiveness of the repression; paralysis and a lot of weaknesses. With its entry into force in 2009, Lisbon Treaty begins a new era in the fight against organized crime within the AFSJ. However, even in integrating its progress, it does not initiate the necessary rationalization of the institutional legal framework of the AFSJ against organized crime. Strong crises that the EU and the AFSJ have experienced raise questions about national confidence in this area and the EU. This thesis seeks to identify the current and future role of the European Union within a space where free movement is the principle. The expected role can only really be achieved through an autonomous criminal system where the EU has a strong ability in applying it in a climate of trust and respect for fundamental rights; legal systems of member states and their national sovereignty. In this perspective, a radical change that concerns the nature of the EU will be essential. But who has the will to make the revolution?
Righi, Silvia. "La lutte contre la criminalité et la sauvegarde des droits et des libertés fondamentales dans l'Union européenne." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA013.
Full textThe research aims to verify whether and how, at the EU level, the fight against crime (particularly organized crime) is perpetuated in full respect of fundamental rights and freedoms, and whether cooperation among Member States in this field can promote high and homogeneous standards of protection.The historical reluctance of Member States to give the relative competences to the Union has strongly obstructed the development of an equilibrated “area of freedom, security and justice”. However, the Lisbon Treaty has provided important tools. After firstly presenting security in the EU, I discuss judicial cooperation in criminal matters. Both the rich normative production aimed at repression, and the more recently adopted measures finalized at guarantying and promoting individual rights are analyzed. Then, I pass to police cooperation and EU financial / patrimonial intervention, together with the right to protection of personal data and the right to property - the two most at stake
Kensey, Annie. "La population des condamnés à de longues peines : apports de la socio-démographie pénale à la controverse sue le rôle des aménagements de peine dans la lutte contre la récidive." Paris 1, 2005. http://www.theses.fr/2005PA010635.
Full textAbbou, Julia. "Les moyens de surveillance des réseaux criminels en procédure pénale. Vers un droit commun." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0025.
Full textBy the law of March 9, 2004, Title XXV of the Code of Criminal Procedure entitled "The procedure applicable to organized crime and delinquency" created a notion by its regime. The latter, derogatory, includes a panel of investigative acts, which involve the provision of investigative techniques to anticipate, act and better apprehend the modes of operation of criminals considerably seasoned. Specifically, these include surveillance of persons and property, infiltration, pseudonym investigation, interception of correspondence via electronic communications, access to stored correspondence, the IMSI-catcher, the capture of computer data, and the sound and image fixation of certain places or vehicles. While the methods used are particularly coercive, the scope is not defined. Indeed, while there is an enumeration of the offenses concerned by the regime, organized crime and delinquency, for their part, are not defined. In reality, these all-encompassing offenses include multiple protected values, varying quantum of sentence, and various aggravating circumstances. But, the choice of the legislator is explained because the expression "organized crime" is old and covers multiple meanings. If, in order to comply with the principle of criminal legality, some people think that a rigorous definition of the notion is desirable, others, on the other hand, consider that the phenomenon can not be reduced to a single word or phrase. However, the study shows that, given the extent of the disparate manifestations of organized crime, the legislator has continued to expand the scope of this regime from two to three articles, and lists to groups offenses. Thus, nearly fifteen years after the entry into force of the said law, the finding is without appeal, there is a material incapacity to truly grasp this phenomenon. As a result, categories of offenses overlap in a number of specific procedures to extend the means of surveillance. New processes have been integrated but others have also been multiplied. From then on, the extension of one is accompanied by the other. Thus, the simplification of the provisions of the Code of Criminal Procedure has become essential, which led this study to question the approximation between the derogating rules and those of common right. To understand these investigative techniques, it is necessary to cross-refer the articles since the current configuration of the Code of Criminal Procedure is not limited to Title XXV alone. This study proposes to reorganize the location of these means of surveillance by rationalizing them at best. A gradation was necessary since, as they all violate the right to respect for private life but not to the same degree. Lastly, with a view to simplifying the procedure, the 2018-2022 programming bill envisages a further extension of these means of surveillance. Although the ambition seems, for the time being, unfinished, this shows the prospects of evolution of the subject, which must perpetually find a right balance between an effective fight against crime and organized crime and the protection of privacy. This statement has never been more true living in our times right now
Jetha, Fahranaz. "Une nécessaire harmonisation internationale de la lutte anti-blanchiment." Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0031.
Full textThe transposition of the 3rd European directive published in 2005 dealing with anti-money laundering in French law bas taken effect since the 2009 order on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. It is a fundamental text for any professional subject to the anti-money laundering plan of action. The introduction of the notion of proportionality in the duty of care conf ers a real flexibility on the transactions control regime. This transition from an inflexible control to a new control based on the risk presented by the operation may however raise concems. Is this "risk approach" not hazardous according to excesses it might lead to? Do the new measures imposing adjustable obligations depending on the risk of laundering prove to be more satisfactory theoretically speaking? Are they more effective in practice? Are they compatible with the other obligations the professionals - actors of the fight against money laundering - are required to comply with? Moreover, to what extent was the transposition of the European directive retained by the French criminal law the only possible transposition or, at least, the most relevant. Is the real solution not to be found in the adoption of an international money laundering incrimination? ln other words, it is not just a question of standardizing European and even international legislations but also of unifying these legislations and creating a new criminal offence in the intemational criminal law, an offence accompanied by specific procedural regulations
Foudil, Boubker. "L'intervention de l'état marocain dans la nouvelle politique pénale pour la lutte contre la pré-délinquance des mineurs, la délinquance des jeunes adolescents, et l'expérience vécue des pays socialistes, et occidentaux développés." Paris 8, 1988. http://www.theses.fr/1989PA080344.
Full textIn this thesis, youth is considered as a field of study of social sciences, as a subject created by these sciences. This subject takes into account the biological dimension of youth, and considers it as the evolution of the individual in a period between childhood and adulthood. In many societies, young people are considered as youths between, 15 and 24 years of age. Neverteless, today's problems of youth are the product of modern societies. They are linked to industrialisation and city development. The specific problems of youths are taken intoconsideration. They lead to the creation of many sorts of structures like the ministery of youth, training, employment and leiswe programmes, numerous research projects to make the social sciences progress, and countless publications. The last decades have seen the rise of drugs and deliquency all over le world. Indivudual deficiencies and social crisis have been blamed for this phenomenon. To face this universal problem the industrial and developped countries have already acquired great experience in planifying their criminal policies. However, the socables developping countries haven't yet done anything against it, having other priorities and limited means
Neira, Pinzon Clara Stella. "La compétence internationale pénale à la lumière du précédent Pinochet." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA024/document.
Full textThe application of the criminal international jurisdiction in the Pinochet case left an important precedent in the area of the fight against impunity, as shown by the procedure brought into play by the Spanish Audiencia Nacional and also by the Cour d'Assises of Paris, with the enforcement of the passive personality principle. Actually, with the international arrest warrant for extradition issued by the Spanish judicial authorities, which made possible the arrest of Pinochet in London; the denial of his immunity by the House of Lords and the judgment in absentia in France of his military organization, the international law has a before and an after. The international criminal law is under lined as the juridical foundation of the extraterritorial jurisdiction of the legal authorities of a state. It allows the application as well of the universal jurisdiction principle as of the passible personality principle, both used, in this precise case, with the objective to exercise an international justice
Favard, Bastien. "Haine et droit pénal." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0031.
Full textHate left painful scars in our societies that will never be forgotten. The rise of terrorism and the growing tensions among communities raise concerns about a possible long term instability of our society. Criminal law is the one able to stop this phenomenon but such a task is not without difficulties. The first of them is to understand and define hate, both on its effects on the mind and the shaped of its demonstrations. The modern means of hate transmission are tightly tied to the hate ability to have a strong hold on the most vulnerable people. The control of internet is one of the key to succeed but is far from an easy thing. The complexity of it, both technological and legal, slows down the legislator work. This obstacle, associated with the wave of terrorism, put the criminal courts in a tough situation. If the only way to prevent hate is to stop it before reaching the point of non return, preventing it is complex. The balance with the fundamental liberties is very delicate and the freedom of speech is often the first one hurt. Punishing incitement to hatred or denial of crimes against humanity leads necessarily to censorship. The conditions of this censorship are the subject of many debates and strong oppositions. In this case, the role of regional and international institutions is fundamental, especially to direct the aging french law towards the right direction. The criminal law regarding hate is indeed still widely limited to the press legislation while hate now used many different means to spread. The legislator and justice need to work together in order to create new offenses, improve the already existing offenses and prevention, always respecting fundamental liberties. Globally, it is all the countries together that must face together these new threats
Ashnan, Almoktar. "Le principe de complémentarité entre la cour pénale internationale et la juridiction pénale nationale." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1004/document.
Full textThe purpose of this research is to analyse the principle of complementarity, to show the specific character of the notion and to study its implementation in the light of the practice of the International criminal court (ICC) in order to highlight the political and legal obstacles. In accordance with Article 1, the Court is complementary to national criminal jurisdictions for crime of genocide, crimes against humanity, war crimes, and crime of aggression. Under this principle, national jurisdictions have priority over ICC but the Court’s jurisdiction takes over when a State lacks the technical or legal means, which are necessary to try and punish the perpetrators of such crimes, or if a rigged trial took place. Therefore, complementarity aims to bring an end to impunity for those responsible for the most serious crimes of international concern. The Rome Statute, namely with the provisions of Article 17, indicates how to implement complementarity according to the criteria for admissibility which are inability, unwillingness and seriousness. Articles 18 and 19, for their part, provide the mechanism of preliminary ruling regarding admissibility and challenge. Furthermore, the role of the Security Council regarding complementarity is also considered as essential to understand the effectiveness and the legal impact of this Court. Powers which are conferred under the Rome Statute and chapter VII of the United Nations Charter allow the Security Council to refer a situation to the ICC, to suspend an ICC investigation, to require States to cooperate with the ICC, or to qualify a crime as aggression, and this despite the fact that the independence of the investigation and of the trial is the backbone of criminal justice ensuring it is efficient
Skaf, Faten. "La justice pénale face à la cybercriminalité." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0218.
Full textNowdays, Criminal justice is confronted to digital and the development of dematerialized data, whose heritage value is still increasing, raise challenges of ideological, sociological, economical, geopolitical and of course legal nature. Criminal justice needs to deal with cybercrime which make light of time, space and legislation because illicit acts now take place in cyberspace. However, so that the criminal justice system can contribute effectively to fight against cybercrime, states should be able to lean on a set of legal rules against crime and criminal justice systems which work correctly, should have the necessary abilities to get to the bottom of legal affairs which can be complex and cooperate in cybercrime repression on the international level
Nkadji, Njeukam Lionel. "La peine de mort au Nigeria : sociohistoire d'une politique publique sécuritaire, 1804-2011." Amiens, 2012. http://www.theses.fr/2012AMIE0053.
Full textThis work entends to respond to an essential question concerning political power in Nigeria which is: who, in that country, is allowed to live and who should die, why and how? This essential question which could be rasied in every modem state reify the right of life and death over citizens possessed by public authorities for the sake of the social group conservation. The main thesis states that the way death penalty has been used in Nigeria challenges the weberian-hobbesian conception of political power. In order to present this contest, our analysis questions different factors (political, sociological and historical) that help to understand how death penalty has become a real public policy to fight what is considered as heinous crimes in Nigeria, with an extensive and intensive use of it
Hristev, Hristo. "Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0378.
Full textThe present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence.The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters.It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power
Djimasde, Nodjioutengar Evariste. "Réflexions sur la contribution de la Francophonie dans la mise en oeuvre du statut de la Cour pénale internationale." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3003.
Full textOn the basis of the Rome Statute and the reference or authoritative text from bodies or instances of Francophonie, this dissertation aims to highlight the contribution of this author in the fight against impunity. In fact, this is necessary to demonstrate that extremely serious offences laid down or defined and punishable by the Rome Statute are the clear opposite of humanistic values promoted by the International Organization of the Francophonie (IOF).The IOF consists of 56 states and governments, as well as 23 observers, 3 associates and 54 members in 5 continents. With 55 of members being states parties to the Rome Statute, sharing a wide institutional network and having 274 millions of people speaking a common language. The IOF, in spite of its imperfections, is equally legitimate and has the capacity to provide fresh momentum for the Rome Statute implementation process.To overcome the shortcomings of the present system of Francophonie, this dissertation particularly insists on the need or the importance to create in member’s states authorities or departments in order to mobilize and involve actors or partners to the implementation of the Rome Statute
Boissière, Anne. "Impact de facteurs environnementaux et génétiques sur le développement de P. falciparum chez An. gambiae en conditions naturelles de transmission." Thesis, Montpellier 2, 2012. http://www.theses.fr/2012MON20087/document.
Full textAnopheles gambiae is the most tremendous vector of Plasmodium falciparum, the major agent of malaria in sub-Saharan Africa. New malaria control approaches envision interrupting transmission cycle in the mosquito, however this will require a better knowledge of vector*parasite interactions. The main objective of this PhD work was to investigate the impact of the environmental and genetic factors on the development of P. falciparum into An. gambiae in natural settings. To carry out this project, we used experimental infection system; wild anopheline mosquito populations from different localities were infected with natural isolates of P. falciparum. Our study revealed that mosquitoes from urban area were more infected than those from sub-urban areas, demonstrating that vector competence depends on vector*parasite*environment interactions. We then measured the impact of the aquatic environment on the adult mosquito capacity to transmit parasites. Correlation analysis between the mosquito gut microbiota and P. falciparum infection status was performed. We showed that mosquito bacterial flora differed according to the aquatic breeding site and that Enterobacteriaceae community was involved in the mosquito susceptibility. Genetic polymorphisms of two immune genes involved in parasitic defense, TEP1 and APL1A, were then studied. We showed that the different alleles were differentially spread into wild vector populations and evolutive forces were acting. Genome*environment interactions and their involvement in vector competence will be discussed. Finally, this thesis highlights the complexity of vector*parasite interactions underlying vectorial competence and pinpoints the importance to take into account environmental factors to elaborate new malaria control strategies
Peter, Marc. "L'appropriation des avoirs criminels : les saisies pénales spéciales garantissant la peine de confiscation, une étape majeure pour une stratégie pénale patrimoniale repensée ?" Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0285.
Full textIn France, the money-laundering and trafficking fight is based on a apprehension of the illicit assets strategy. French law give to magistrates, and under conditions to investigators, very offensive prerogatives to seize property assets very early in the proceedings and regardless of the property and the presumption of innocence rights. However, the law largely reformed law of seizures by creating special criminal seizures, it did not provide a framework for confiscation enforcement. Indeed, confiscation remains the pivot of criminal property investigation, although special criminal seizures are now the driving force. The absence of a post sentential procedure is likely to open a new space of opportunity for the convicteds to dissipate part of their property. This is the reason why French criminal law should be updated to give justice a complete framework to ensure that crime does not pay
Nakoulma, Mariame Viviane. "L'évolution du droit des immunités pénales reconnues aux chefs d'Etat en Droit International." Thesis, Limoges, 2017. http://www.theses.fr/2017LIMO0018.
Full textThe identification and the scrutiny of the prosecutions of heads of State in international law show that there have been many developments in the system of protection that international law grants them. Real or apparent, these developments represent a type of break with the illusion that allows us to believe that the sovereign is irresponsible. Indeed, during the 20th century, and in a more significant way in the 21st century, the involvement of high-ranking state officials in the commission ofnumerous atrocities has introduced variables into the immunities system, allowing for their indictment on the basis of the principle of non-immunity. So, they can be indicted, for serious primes, by international criminal jurisdictions, the most symbolic of which is the International Criminal Court, or by means of ambitious mechanisms such as universal, or even innovative as mixed jurisdictions. All of them provide, in fact, grounds for evaluating the principle of non-immunity. The indictment of high-ranking state officials for corruption or economic and financial crimesis considered, even if the scope of the law is more modest. It is thus necessary to imagine in this respect, de lege feranda, that the irresponsibility of heads of State may contribute to the development of the responsibility for “Theft Crimeagainst Humanity”. Overall, the important role played by humanitarian international law as well as by the increase in agreed ethics in the management of State power cannot be neglected. But in all these subjects, the implementation of the criminal responsibility of heads of State presents significant challenges, crystallized in particular by the debates around the equity, the legitimacy and the universality of the international criminal justice system aswell as the cooperation from States. So, the idea of a certain evolution of the law of criminal immunities before the international jurisdictions (Part 1) and that of a random evolution before the internationalized and foreign national jurisdictions (Part 2) particularly holds our attention. Finally, between the announcement that the official capacity as a head of State can in no case exempt them from criminal responsibility and the living law, there is a hiatus which can make us think that the evolution of international law has not radically affected the criminal immunities
Petit, Frère Renel. "La répression pénale de la criminalité organisée : étude comparée des droits français et haïtien." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30055.
Full textOrganized crime is a major concern for the French and Haitian public forces and the related crime repression methods are at the core of the French and Haitian Criminal Law. In that sense, both legislators had to adapt their criminal legislation in order to provide the judicial system with new instruments of crime control to help detect and punish organized crime offenses. The latter are fought down via a double punishment approach that is proactive and reactive. We notice that the criminal law of organized crime, whether substantive or formal, slides from the reactive towards the proactive. It is a repressive logic that favours efficient repressive methods over the respect of fundamental principals. And therefore, the right of a fair trial is ill-used. In both Rights, the people involved in organized offences are severally sanctioned and the criminal assets are forfeited in order to apply preventive and repressive measures. This repression takes place within a cooperative efficient framework between the police and the judicial body and causes the emergence of new instruments of cooperation and the sharing and regionalization of the norms of criminal sanctions against organized crime. This comparative study shows that Haiti can benefit from the French judiciary expertise founded on the specialisation of the judiciary actors who participate in the criminal proceedings
Kone, Oumar. "La corruption des agents publics : approche comparée des droits français et malien." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA016/document.
Full textCorruption, considered as an excessive use of a power delegated for private purposes, inevitably enriches a small number of people. Thus, where it is rooted, it becomes a major obstacle to development by weakening the society and the state. Therefore, it undermines the very foundations of the rule of law, undermines the foundations of democracy and derives its source of bad governance. Consequently, it does not only lead to a misuse of public funds, but also distorts competition by creating inequalities among citizens. Aware of the harmful effects of this phenomenon, France and Mali provide and punish in their legal systems the fight against corruption. For prevention purposes, bodies of administrative nature are created (SCPC France and Mali OAG, etc.) whose mission is to prevent the corruption of public officials. Also, as regards to law enforcement, specialized courts are created in these countries to quell any attack on public probity. But there is no choice but to accept that the effective implementation of these measures often encounter difficulties linked inter alia to the brevity of the limitation period, the issue of whether prosecution is advisable, to defense secrecy, etc. Internationally and regionally, as many conventions or agreements have been adopted to make the fight against corruption, a major stake. Besides, the United Nations has listed the fight against corruption among their objectives, considering this plague to be in many ways a major obstacle to the rule of law. France and Mali have ratified and adapted most of the international and regional conventions to their legal system in order to conform to international constraints for the fight against corruption, a struggle which tends to internationalize. This study aims to make an inventory of the corruption in both countries, analyze the reality and the weakness of the measures implemented to fight against this plague while making proposals for a more effective fight against corruption which, notwithstanding blights both public and private sectors
Tankoua, Roméo. "Criminalité et justice pénale dans l'espace CEMAC : de l'expérience nationale à l'ouverture communautaire du droit criminel." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA024.
Full textThe dynamics of economic integration in CEMAC’s region is based on free movement of people, goods and capital. Helped by the opening of the borders, people are free to move from one country to another for economic and security reasons. This is the consequence of instability in many countries such as Central African Republic, Chad and Congo. The major problem is that, how to manage delinquency specially the prevention or the repression of the national and the cross border criminality? In fact, it is nowadays advisable not to allow the countries which are welcoming foreigners to behave as a paradise in such a way that, those who have troubled the national order should not be punished. Even though at the national level there are still some misunderstandings concerning the criminal law. At the national level and particularly as far as Cameroon is concerned, the main aim which is to fight against criminality has many problems, especially modernity way through which our court is passing. According to the Cameroon (new Code of criminal procedure of july 2005), CAR (two new codes, penal and criminal procedure, 2010) and Chad (Prajust, 2008) . As far as community is concerned, CEMAC has really specialize, in police cooperation, which is necessary to over pass all the transgression, which are caused by social nuisants. Actually, the legislator can capitalize the expertise of OHADA’s book, and open himself to European Union experience
Jeanpierre, Virginie. "Punir hors les murs : Sanctionner autrement l'auteur d'un délit passible de cinq ans d'emprisonnement." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3050/document.
Full textThe penalty of the criminal breaches constitutes the Gordian knot of a widely disapproved contemporary penal policy. Privileged, the custodial sentence shows multiple failures striking a blow at its credibility. The lower prison sentences or five-year-old equals executed mainly in detention center are the most problematic because numerous. They are badly adapted for the contemporary crime. If alternatives, already older and others more recent, exist, they are only little pronounced even though their social utility regarding rehabilitation and regarding fight against the repeat offense does not any more appear to prove. The punishment outside the walls of the criminal breach is a recurring political and legislative theme. Nevertheless, it does not succeed in anchoring really in the French judicial landscape; its implanting being slowed down in particular by the defect of membership of the magistrates partially conditioned by procedural mechanisms suppliers of custodial sentence. The hour of the change of paradigm nevertheless rang since the prison sentence does not allow to act on the causes of the unlawful act and the acting out. It’s also necessary time to relieve a pale prison situation not allowing anymore the Prison Service to assure suitably its missions of guard and rehabilitation. Albert Camus wrote that a society judges itself in the state of its prisons, the French society cannot persist in spreading such an embodiment of its penal policy. So, through sophisticated procedural mechanisms, the influence of positive examples of the comparative law, thanks to the use of the intrinsic resources of the prison departments of insertion and probation, to the new writing of fundamental articles of the Penal code and to the deployment of adequate means, the punishment outside the walls of the offences punished for five years of detention becomes accessible and tangible
Bauchot, Bertrand. "Sanctions pénales nationales et droit international." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00200035.
Full textprivilégié.
Makpawo, Marc Essodomdoo. "La répression universelle des crimes internationaux. Études sur la compétence universelle des États et la compétence des juridictions pénales internationales." Thesis, Poitiers, 2016. http://www.theses.fr/2016POIT3018.
Full textThe principle of universal repression means that perpetrators of certain crimes must face justice, no matter where they are and regardless of where they committed their crimes, their nationality and that of their victims. This principle has nevertheless suffered in the wake of World War II, a mutation in both its foundations in its scope. First, introduced in international law in the eighteenth century for reasons related to the need to protect public spaces, it is now based on the requirement to protect common values, violations of these universally accepted values threatening the very foundations of the international legal order. Second, two factors are driving the evolution of the principle: the emergence, from 1990, a criminal justice with universal vocation, and increased at the same time, state claims in the application of universal jurisdiction. These two factors, linked by a dialectical relationship, therefore suggest a rereading of principle. This must indeed now be considered as being two-fold, both narrow and broad. Strictly speaking, it concerns the universal jurisdiction of States. Broadly, the principle refers both to universal jurisdiction states that the jurisdiction of international criminal courts, namely the ICTY, ICTR and the ICC. States and international criminal courts are part of the universal punishment, a framework marked by a normative interdependence, which will evolve into a functional complementarity