Dissertations / Theses on the topic 'Mineurs (droit) – France'
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Michel, Olivia. "L'autonomie du droit pénal des mineurs." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32062.
Full textJacopin, Sylvain. "La responsabilité pénale du mineur : essai de contribution à l'évolution du droit pénal des mineurs." Paris 1, 1999. http://www.theses.fr/1999PA010309.
Full textLazaar, Sonia. "La responsabilité pénale des mineurs : étude de droit comparé France-Maroc." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1077.
Full textThe offender minor situation early attracted the criminal law attention. Today the minor is subject to a treatment different from the adult's one. Before adjudged a minor guilty of an offense, his penal liability has to be determined and his discernment must be established. Today's society and his minors have evolved, so this topic becomes a national priority in France and also in Morocco, the minor's apprehension changed a lot and the juvenile criminal law is currently one of the major concerns of government which aims to provide a legally sound solution. The minor has acquired a special status in criminal law. The project aim is to determine the effectiveness of the current legislation and to analyse and synthesize the evolution of criminal responsibility in these two countries. It's time to take stock and prospects
Pétereau-Mahrach, Véronique. "Le discernement du mineur : étude droit civil et de droit pénal." Poitiers, 2004. http://www.theses.fr/2004POIT3014.
Full textRisacher, Nancy. "La protection des mineurs sur le réseau Internet." Nancy 2, 1997. http://www.theses.fr/1997NAN20016.
Full textThe development of the internet is exponential but the rules covering the information superhighways are not yet really clear. About the regulation of the net, three phases have followed one another: the first one was a phase of real enthusiasm: the priority was the development of the infrastructures and the connexion on the internet was a great adventure. Everybody thought that the internet was a real space of complete liberty and sometimes abuse of liberty. The second phase was that of fear and the scepticism: internet was analysed as a big and ungovernable "monster". The worst on the internet was generalised and he was accused of a lot of perversions, criminal organisations etc. . . The third phase is a phase of realism: internet is just a communication tool, a new and revolutionary medium but the regulation of the "virtual" society is hardly the same as the regulation of the "traditional" society. Consequently, the regulation on the internet and in particular the rules of protection of the children can be used because the violations are the same: crime, diffusion of sexually explicit material, violence etc. . . The problem is to enforce these rules and to implement the liability of the different actors on the net. Indeed, the characteristics on the internet (universality, absence of hierarchy, rapid evolution, fugacity of the contents, world size. . . ) involve a lot of specific legal problems at both levels: national and international
Montoir, Carmen. "Les principes supérieurs du droit pénal des mineurs délinquants." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020028/document.
Full textFollowing one decade of continuous reforms of the juvenile offenders penal law and while a global recast of the matter is considered, it appears important to question the superior principles governing it. Despite its original crystallization, starting in 2002, through the original mechanism of fundamental principle recognized by Republic Law, and its protection by some international tools, the autonomy of the juvenile justice is still currently questionable. On the substantial side, juvenile justice is based on principles, recognized as superior, of answer’s adaptation to the educational and moral restoring of the juvenile and sentence mit igation, which appear nearly absolute. On the other hand discernment has not benefited from an explicit consecration of its paramount status. It is even challenged by the age arbitrary criteria despite the fact that this condition is a cardinal preliminary for penal responsibility determination. On the procedural side, notwithstanding their supra-legislative guarantee, specialized jurisdictions so as requirement for appropriate procedures, regularly inflected, seems dedicated to relativity. Constitutional Council, both matter constituent and guarantor, has been very often invited to determine unreachable limits and to protect the unalterable core. Based on this core’ identification and assessment, this work intend to demonstrate that malleability of the form principles of juvenile offender penal law allows by-pass of background principles immutability, governing this one
Maalouf, Mirna. "La justice des mineurs délinquants en droit français et droit libanais." Paris 1, 2008. http://www.theses.fr/2008PA010278.
Full textDogo, Koudou Martin. "La protection des biens des mineurs et les intérets des tiers." Nice, 1990. http://www.theses.fr/1990NICE0007.
Full textLe, Boursicot Marie-Christine. "L' adoption des mineurs et le secret des origines en droit français." Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS032S.
Full textKhalil, Aurélia. "L'effet dissuasif en droit pénal des mineurs délinquants." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1088.
Full textFirst, the traditional approach of deterrence did not have specificity to minors.It seemed interesting to evaluate if deterrence had an equivalence in criminal law applicable to juvenile delinquents. The idea of a transposition of juvenile deterrence will highlight the difficulties of the evaluation of the dissuasive effect of penalties applicable to minors, and will show that in spite of these difficulties, it is possible to draw the conditions of an effectiveness of the criminal law applicable to the juvenile delinquency. However, it is the effective result produced by deterrence on the criminal answer that will interest us. The matter will be to understand how the legislator, jurisprudence and penal doctrines will adapt the concept of deterrence to juvenile delinquency, transpose it, and to put it in perspective specific to juvenile delinquents. While being detached from concepts of general deterrence and specific deterrence, which constitute the preventive functions of minors criminal law, we will try to examine if the criminal answer to juvenile delinquents is effective and which answer is the most efficient at preventing minors from breaching the law
Renucci, Jean-François. "Minorité et procédure : essai de contribution à l'évolution du droit procédural des mineurs." Nice, 1985. http://www.theses.fr/1985NICE0010.
Full textAllouche, Nadia. "Les mineurs étrangers isolés." Chambéry, 2007. http://www.theses.fr/2007CHAML001.
Full textCousin-Leray, Delphine. "La protection pénale de l'intégrité sexuelle des mineurs." Nantes, 2005. http://www.theses.fr/2005NANT4020.
Full textThe study of the criminal protection of the sexual integrity of minors aims, on one hand to review the applicable law to the situation of the minor victim of sexual violence, on the other hand, in a forwardlooking reflection as for the emergence of a childhood criminal law, in fine, of a childhood law. Indeed, and if speaking about criminal protection of the sexual integrity of minors seems to evoke first of all the study of the repressive law of the sexual violence applied to minors, the problem exceeds widely this only perspective, in the sense that it sends back to the protective function of the criminal law, and in the notion of protected interest, from wich comes within sexual integrity and minority. Henceforth, the domain of reflection widens, to consider, besides the strict thorough criminal law, all the devices contributing to the realisation of the imperative of protection of the minor's sexual, interrogation about their interactions. At this prospect, the question of the criminal protection of the sexual integrity of minors arises as the privileged place of a reflection on the evolution of the criminal law, of the penal matter, but also on the penal justice of the minors, the novation of which it suggests by allowing to identify the criteria of structuralization of a childhood criminal law. By this way, the study postulates, on one hand, of the necessity of a legislative construction from clearly identified interests protected, on the other hand, of an unique criterion for a reconstruction of the matter, and related fields, liking the vulnerability of the concened subject : the minor
Belabbas, Abdelmadjid. "L'incapacité juridique des mineurs non émancipés en matière patrimoniale : pour une approche au travers du droit des obligations." Saint-Etienne, 2000. http://www.theses.fr/2000STETT064.
Full textBoisnard-Gaudicheau, Christelle. "L'application du droit pénal en milieu scolaire." Poitiers, 2005. http://www.theses.fr/2005POIT3008.
Full textThe ambition of the research is to raise the question of Criminal Law's enforcement in one of key-sectors of our society : the educational sector. Starting with an inventory of the acts of delinquency in schools, it tries to explain and describe two chronological situations : the first one seems to be typical of a certain inefficiency of Criminal Law in this sector, due to difficulties raised as far as qualification and proceedings are concerned. The second is marked by an opposite restoring to favour of Criminal Law in schools, carried out on the one hand by implementing the existing Law and on the other hand by adjusting it to the specificity of school delinquency. The measurement of its consequences permit to expect that the thesis will have some value of assessment concerning the definition in the years to come of a policy of prevention and treatment of school delinquency
Faval, Joseph François. "L' évolution du droit pénal des mineurs en droit comparé : droit français et droit syrien : Contribution à la théorie générale de la responsabilité pénale." Paris 2, 2006. http://www.theses.fr/2006PA020005.
Full textViganotti, Momot Elisa. "La filiation en droit international privé français et italien." Paris 2, 2000. http://www.theses.fr/2000PA020037.
Full textBenech-Le, Roux Patricia. "Sociologie des rôles de l'avocat sur la scène pénale des mineurs." Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS004S.
Full textUntil recently, the lawyer played a secondary part on the penal scene of the minors. Since the 1990’s, this actor undertook to invest this scene by creating associations of defence specialized in the minors in order to improve this practice judged of poor quality. To gain a professional legitimacy, these lawyers undertook to renovate the system of officially appointed lawyers for the minors, to organize on duty lawyers near the juvenile courts and to give free legal consultations for the minors. Especially, they posed the obligation of the follow-up of a specialized training on which rests some claims of specialization. Lastly, the defence of the minors being hardly defined, these lawyers have room for manoeuvre to develop their role, oscillating between an educational defence focused on the educational interest of the minor and a technical defence focused on the avoidance of the sanction
Peyrot, Angelique. "Le rapprochement du droit pénal des mineurs et des majeurs." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1056.
Full textJuvenile delinquency problem, far from being the sole issue of law professionals, has become a widely debated topic throughout the entire society. Such interest in the issue takes its roots in the delinquency's evolution, broadly on the rise, with ever younger criminals. Given the phenomenon, the lawmaker has moved towards a harsher approach in 2002, and the various laws have been toughening since then, especially those concerning young people aged between 16 and 18 year old. The consequence is that the body of law applicable to young people looks increasingly similar to that one applicable to adults, despite the solemn statement issued by the Constitutional Council the same year. This statement explains that there is a ground principle deduced from the laws of the Republic, recognizing the specificity of juvenile delinquency laws. It is however interesting to reflect on the true scope of this formal closening, which seems to happen to little or no avail. The issue is even more relevant with the changes in the criminal justice approach advocated by the new secretary of Justice since 2012, who is currently initiating a reform on the body of law applicable to young people, aiming at favoring education over repression
Fayard, Céline. "L'encadrement juridique du travail des mineurs : étude comparative des droits français et italien." Lyon 3, 2003. https://scd-resnum.univ-lyon3.fr/in/theses/2003_in_fayard_c.pdf.
Full textZoubir, Camélia. "Spécificité du traitement de la délinquance juvénile des mineurs en droit comparé : étude comparée entre le Maroc et la France." Electronic Thesis or Diss., Toulon, 2018. http://www.theses.fr/2018TOUL0120.
Full textThe purpose of this study is to highlight the debate on juvenile delinquency as well as the French and Moroccan judicial system set up to counteract this delinquency.Indeed, delinquency pursued by the police and sanctioned by justice is characterized by criminal law. When the law changes, the field of delinquency experiences oscillations and, consequently, the recording of criminal behavior as well. However, the growth of delinquency, and particularly that of minors, is analyzed according to its legal environment. In this movement and although juvenile delinquency evolves in the same proportions and to the same degree as that of adults and although it is sanctioned more severely, it requires special attention precisely because it is minors.Therefore, the role of juvenile justice should not be limited to repression alone. The latter must give itself the means to understand them to be able to act on what motivated them and to prevent any recurrence. Its mission must also have an "educational" and "preventive" role.Sanction and education have thus become two inseparable dimensions in the treatment of juvenile delinquency. And it is in this perspective that the French and Moroccan legislator tries to build a policy of treatment of juvenile delinquency while respecting the fragile legal personality of the minor
Loteteka, Jackie Botimela. "La socialisation juridique des mineurs de justice par un droit de repères : Une expérience d'intermédiation culturelle au Tribunal pour enfants de Paris." Paris 1, 2012. http://www.theses.fr/2012PA010324.
Full textZoubir, Camélia. "Spécificité du traitement de la délinquance juvénile des mineurs en droit comparé : étude comparée entre le Maroc et la France." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0120/document.
Full textThe purpose of this study is to highlight the debate on juvenile delinquency as well as the French and Moroccan judicial system set up to counteract this delinquency.Indeed, delinquency pursued by the police and sanctioned by justice is characterized by criminal law. When the law changes, the field of delinquency experiences oscillations and, consequently, the recording of criminal behavior as well. However, the growth of delinquency, and particularly that of minors, is analyzed according to its legal environment. In this movement and although juvenile delinquency evolves in the same proportions and to the same degree as that of adults and although it is sanctioned more severely, it requires special attention precisely because it is minors.Therefore, the role of juvenile justice should not be limited to repression alone. The latter must give itself the means to understand them to be able to act on what motivated them and to prevent any recurrence. Its mission must also have an "educational" and "preventive" role.Sanction and education have thus become two inseparable dimensions in the treatment of juvenile delinquency. And it is in this perspective that the French and Moroccan legislator tries to build a policy of treatment of juvenile delinquency while respecting the fragile legal personality of the minor
Khellaf, Kheira. "Le traitement de la délinquance des mineurs en droit algérien : étude à la lumière du droit français." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0043.
Full textJuvenile delinquency exists for a long time and to face it, societies repress and lock for a long time. Children served their sentence alternately in prisons, penal colonies, reformatories… Today still the juvenile delinquency stays a major worry of the societies and the legislator who always wonder about the means to answer it otherwise, humanely and effectively.The fact that the minor is an individual under construction implies that the acts of delinquency which he commits cannot be reduced to the expression of its only will, but are also the resultant of a failing environment. This minor, more vulnerable than an adult, benefits as such from a more protective procedural treatment, from specialized jurisdictions and from punishments less heavy than those were imposed to the adults.Educational and repressive actions are combined grace to partnerships and collaborations between the judicial institution and the social players concerned by the minors. Indeed, in Algeria, in France or somewhere else, the treatment of the crime calls the implication of the whole society to establish a "living together" on the long term
Distler, Frédéric. "De l' injonction politique à la pratique des acteurs de la justice pénale des mineurs : entre action éducative et sanction de l'acte." Versailles-St Quentin en Yvelines, 2011. http://www.theses.fr/2011VERS002S.
Full textThe theme of the juvenile justice system is the subject of regular debates around its necessary reform. That justice would be inappropriate to a crime in progress quantitatively and qualitatively. But the order of 2 February 1945, often criticized and denounced by politicians in search of a broader electorate in the upcoming elections, has undergone several changes at the whim of social and political events. Thus, the evolution of public policy tends to tighten the frame of the penalty around the figure of the juvenile offender. This is direct judicial intervention and educational accountability around the young author. Understand the prohibited conduct to prevent the risk of recidivism has become the key policies and pieces of legislation recently passed. But the actors develop coping strategies of educational activities in a criminal, they resist the pressure safely
Roumier, Fabienne. "Le médicament d'origine végétale traitant les troubles mineurs : importance et remboursement en 1992." Paris 5, 1992. http://www.theses.fr/1992PA05P046.
Full textMaameri, Amira. "La participation du mineur à sa propre protection : droit comparé français-québécois." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0189.
Full textAs regards child protection, speech of participation of the minor in his own protection is to consider this one like a subject of active right and not only like one object of protection. In this direction, the International Convention of the Children's rights affirmed the capacity of the child to be taken part in his own protection, guaranteed by its right to the expression. Consequently, the child to be protected is not simply any more perceived like a vulnerable human being requiring a State aid (passive subject of right), before the placement, during and after this one. The minor is recognized as a citizen in becoming ( active subject of right) to which a series of rights are conferred such as the right to take part in the decisions which relate to it according to its age and its degree of understanding, the right to freedom to think, of conscience and religion or the right to reach information diversified and aiming at promoting its wellness physics, mental and social. Accordingly, it is by the means of the exercise of its rights that the protected child can become the actor of his own protection
Tran, Van Dung. "Approche comparée de la gestion de la responsabilité pénale du mineur en droit français et vietnamien." Rennes 1, 2010. http://www.theses.fr/2010REN1G022.
Full textSeyyed, Esfahani Hesam. "Le mineur en danger et la politique criminelle : étude comparative France et Iran à la lumière des instruments internationaux." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=28df9540-47ee-4833-ac1e-c28b2523742f.
Full textMercier, Bérengère. "Les seuils d'âge dans la législation pénale : vers un rapprochement du statut du mineur et du jeune adulte délinquants." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40033.
Full textThe french criminal law defines limits of ages which correspond to different status of offenders. Thus, as soon as the delinquent is eighteen years old, he is mainly bound by the rules of the criminal code, whereas the minor profits by a criminal responsibility, a procedure and penalties based on a special law. Considering that minors and young adults present similar characteristics, could one criminal law be set up for all of them? such a big reform is not desirable, but the modernization of criminal justice supposes to bring the status of minors and young adults nearer, as also the choice of more apposite limits of ages. Minors and young adults will be bound to a different law and to different tribunals. Towards the minor, several reforms of the ordinance of 2. 2. 1945 are indispensable, but this text and its spirit will remain. As for the young adult, till the age of twenty-one, he will be bound by the criminal code, restrained by the extension of some rules of the ordinance of 1945, in order not to prevent his "resocialization". The only minor will profit by "educative measures", but same "educative sanctions" will be laid down for all the young people. All these rules will be based upon a special criminal responsibility which will have a pedagogic function : a "responsibilization" or a "mitigated criminal responsibility". The very young child, under thriteen, will still be irresponsible towards the criminal law. Lastly, the politics of prevention of delinquency will keep affecting all the young people, minors or young adults with no distinction
Périssol, Guillaume. "Le droit chemin. Jeunes délinquants en France et aux États-Unis au milieu du XXe siècle." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL055.
Full textThe quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris
Passelègue-Delbarre, Stéphanie. "Le droit de l'enfance délinquante : de l'ordonnance du 2 février 1945 à la réforme attendue." Lyon 3, 2001. http://www.theses.fr/2001LYO33021.
Full textPérissol, Guillaume. "Le droit chemin. Jeunes délinquants en France et aux États-Unis au milieu du XXe siècle." Electronic Thesis or Diss., Sorbonne université, 2018. http://www.theses.fr/2018SORUL055.
Full textThe quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris
Wattellin, Guillaume. "L’élaboration des principes directeurs du droit pénal des mineurs : l’exemple du Nord (XVIe-XIXe siècles)." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20020.
Full textThe order of February 2nd 1945 which was adopted in the aftermath of the Liberation by the Provisional Government of the French Republic establishes a series of principles which shape the base of juvenal criminal law. Thus the progressive liability in stages modelled on the development of discernment, the superiority of education on repression, the mitigation of sentences, but also the procedure adjustment, are as many derogating rules structuring and guiding the legal treatment of guilty childhood. To use the hallowed phrase, this combination constitutes the « guiding principles » of juvenal criminal law. The submission to a historical study allows a better understanding of the contemporary gradual building up of juvenal criminal law
Gbandama, Amlan. "Les mineurs non accompagnés : au croisement entre le droit des étrangers et le dispositif français de protection de l'enfance." Electronic Thesis or Diss., Université Clermont Auvergne (2021-...), 2024. http://www.theses.fr/2024UCFA0013.
Full textSymbolic figure of migrant adolescence, the protection of unaccompanied minors by their legal representatives is recognized in France. It means that these minors in danger are taken into care by the child welfare system. Starting from the positive content of this protection, the study aims to propose interpretation of it in light of the conflicting objectives of immigration law and the child protection system. Clearly, the discrepancies appearing between practices and the right to protection for unaccompanied minors lead to an analysis in favor of enhanced and permanent protection. However, the study proposes a new analysis considering the evolution of the national legal instruments that frame it and their constant limitation. The premise is no longer simply to seek effectiveness, but to question the meaning of effective protection for unaccompanied minors. Thus, the system primarily aims to legitimize the decision to admit or reject them to child welfare. Through extensive borrowing from immigration law, the protection of unaccompanied minors is shaped on the contours of the French child protection system framework
Karimi, Nourollah. "Le procès pénal des mineurs en droit français et iranien : approche comparative à la lumière des instruments des Nations Unies." Pau, 2011. http://www.theses.fr/2011PAUU2003.
Full textThe concept of criminal trial or, more accurately, the science of criminal trial has two features when applied to minors. Firstly, it is not just a fair trial, applicable to all the accused (adults and children). It is also a set of normative and operational framework aiming specifically to support the juvenile offenders. However, this statement is ambiguous. Indeed, such an approach is based on what is considered as the standard of juvenile criminal law applicable to minors, with its three pillars: “discernment”, “child’s best interests”, “education”. Secondly, in comparison with judgments imposed on minors before indictment, the characteristic of juvenile criminal trail applicable to minors are very specific after the indictment, and subjective, especially in French law. The specificity of criminal law is also justified by the variety of measures applicable to minors. However, the common rules are still enforced during the criminal treatment of minors, more particularly in Iranian law. As a result, the criminal trial applicable to minors seems to be devoid of coherence and its specificity appears to be relative
Fiori-Khayat, Coralie. "Les politiques de lutte contre la récidive et la réitération chez les mineurs délinquants : approches comparées franco-américaines." Paris 4, 2005. http://www.theses.fr/2005PA040146.
Full textJuvenile criminality has turned out to be one of the main security problems since the end of the twentieth century, particularly when it turns to chronic young offenders. Thus, the issue of the thesis is to compare two situations that are consubstantial to global cities which embody post-industrial economies, as welle as the solutions opened to them. The comparison is mainly, though not exclusively, drawn on two cities : the Ile de France region and New York City. The author first analyzes the evolution, both as regard quantity and quality, of the juvenile criminality, and uses diachronic and synchronic measures. She specifically targets such points as the idea that offenders would be younger and younger, and the fact that street gangs are now a reality in France. She studies the political consequences of the situation. Then, the author dwells on concrete solutions that exist on either sides of the Ocean, when a chronic young offender is involved : the reasons of succes and failures are detailed. Community system is particularly studied, as it turns out to be one of the most promising and already successful system. The author concludes that " New-York Miracle " is less due to the Zero Tolerance Policy than to a community system of management of chronic young offenders : a way of co-managing juvenile justice on a hand, and a way of co-producing a legal and social norm on the other
Keita, Stéphanie. "L'intérêt de l'enfant délinquant en droit pénal." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1017.
Full textFar from being isolated, the notion of interest of the child invests surrounds more and more important domains of the substantive law. The scale and the superiority of the interest of the child forced the legislator to intervene every time it is about child or of minor. The concept of childhood calls on to several notions which are the ones of innocence and purity, but also vulnerability. This notion of childhood opposes the concept of crimes , which calls on to the notion of committee of a reprehensible act. One of the objectives of the study is exactly anxious to analyze how the french legislator, in consideration of the young age of the child, established a particular protection to the child author of breaches
Kobanda, Ngbenza Dieudonné. "Le parcours de vie des enfant isolés étrangers en France : contextes et situations." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAG041/document.
Full textSince the end of the 1990’s, we more and more attend to the arrival in huge numbers of foreign children on the French and European territory. They come from all continents and no one detains on them parental authority. An unprecedent phenomenon in the European immigration history which whips up tensions between authorities and defence associations of children’s rights.The status of these isolated minors on the national territory remains fuzzy and their integration is like more of what is qualified as an « obstacle course » by the associations. Relatively protected by their minority, they can’t ensure positively to carry on with neither an appropriate school project, nor a reliable professional insertion if their administrative situation hasn’t been regularised before they turn age 18. By following the institutional path of about ten youths for nearly 5 years, this thesis analyses the profile of young migrants, assets and pitfalls taken care in a society in legislative, institutional and societal transition.The study reconstructs, questions and analyses path’s stakes and life construction for minors on one hand, support challenges of this population for social actors and institutionals on the other hand. In short, this thesis interrogates and analyses too Belgian practices relating to receiving and caring for these children, thus enabling a comparison with answers brought by both countries to the situation of this public
Lin, Shih-Chin. "Les principes directeurs de la justice pénale des mineurs délinquants." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0612/document.
Full textSince the seventeenth and eighteenth centuries, the minor is considered as an "adult-to-be with special needs". Thus appears the concept of minority. This concept influences the construction of criminal justice for juvenile delinquents by calling, like common law, a set of guiding principles that correspond to the minority and aim at the protection of minors. This justice is formed and functions on the basis of guiding principles. These thus constitute a rational block and bring out an autonomy independent of the criminal justice of the major delinquents. These guiding principles can be divided into two categories, one relating to the emergence of specific guiding principles and the other to the development of the common law guiding principles. We can classify the sources of these guiding principles into two categories. One concerns international law, the other domestic law. For the International source, we can evoke the Universal declaration of human rights and the International covenant on civil and political rights of December 16, 1966 without forgetting the International convention on the rights of the child of January 26 1990. With regard to the domestic source, the order of 2 February 1945 relating to juvenile delinquency is one, since the criminal justice of juvenile delinquents is currently based on this order. The case law of the Constitutional council is another domestic source
Hebbadj, Leila. "L’avenir du droit de l’enfance délinquante." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D015/document.
Full textThe French juvenile justice system isbased on a speciallawwhichwaswrittenin 1945. The first philosophy of thistextwas to protect and not onlypunish the juvenileoffenders. However, severalrecentlaws have changedthisphilosophy and the lisibility of the currentjuvenile justice system. Our thesis serve twopurposes. In one hand, wewant to demonstratethat the international and the constitutionalnorms about the juveniledeliquency have someweaknesseswhichexplain the current situation. We propose some solutions in order to reinforcethesesupremnorms. In the other hand, wepresentsome propositions and arguments about the future French juvenile justice system reform
Abida, Aouatif. "Le recours à une convention bilatérale dans les relations familiales internationales : l’exemple de la convention franco-marocaine du 10 août 1981 relative au statut des personnes, de la famille et à la coopération judiciaire." Paris 8, 2009. http://www.theses.fr/2009PA083716.
Full textThis research takes account of the Franco-Moroccan Convention of 10 August 1981 on the status of persons and the family and on judicial cooperation. Within the framework of international family relations, this Convention was the first agreement between a country with a religion-based legal system and another with a secular legal system. The extent of the Convention is not as large as its title may suggest. The first section of the study establishes its scope and presents an overview of its application in France and in Morocco. It also addresses the deficiencies of the text and of the considerable difficulties resulting from the absence of legal consensus between French and Moroccan rights. The second section offers solutions to the different deficiencies. It also considers the future of the Convention from the perspective of conciliation of those rights conceived of as the imperative of fundamental rights with other rights formed out of religious fundamentals. The aim of the research consists then of offering a coherent representation of the status of persons having contacts with the two legal systems, by means of a delicate balancing act
Radwan, Hamsa. "Le discernement comme condition de la responsabilité pénale : droit pénal comparé français et syrien." Thesis, Reims, 2019. http://www.theses.fr/2019REIMD005.
Full textDiscernment is a concept that marks the boundaries between law, psychology and philosophy. Therefore, the legal analysis of this notion must be understood within a psychological and philosophical framework. Discernment is a particularly complex notion. It is defined as the ability to distinguish between right and wrong. It may be confused with other notions with which it overlaps, such as criminal intent.It is therefore, indispensable to situate discernment in criminal legal theory. Thus, the following issues will be addressed in this thesis: Should discernment be linked to the legal understanding of what constitutes an offence, of to the theory of accountability? What are the consequences of the lack of discernment on the criminal liability of the offence perpetrator? Are these consequences similar in French law and in Syrian law? And lastly, when there is no criminal liability, what are the alternatives responses thesis shall look for alternatives responses provided for in both criminal law systems?
Bernes, Bénédicte. "La vie privée du mineur." Toulouse 1, 2006. http://www.theses.fr/2006TOU10035.
Full textThe last decades have seen minors getting even more self sufficient and more individualized within the society, but also within the family context. By the way, the Internatinal Convention on the rights of the Child has settled the basis of a right of the respect of the private life of minors. But, considering its vulnerability, minors cannot benefit from those dispositions. Indeed, subjected to the parental authority, children can benefit from a limited autonomy. Children private life seems to be compound to shrink away. Thus, the incapacity of children is justified by its need of protection related to their own interests. But, the International convention on children rights recommends a stronger power for children in terms of booth protection and autonomy. Since the interest of children is not limited to their protection, but it is extended to their personal blooming, children incapacity can be regarded to be inconsistent. Personally speaking, teenagers do not need parental authority. A sufficient protection could be granted to minors ; outside the parental responsability meanwhile children could use their individual freedom in compliance with their given rights. Thus, advocating the children individual rights seems accurate encompassing their parents. Hence, it would be appropriate to propose the adolescent minor's recognition a right to the respect of its personal life on condition that its own interest is keep safe. He could exercise this right thanks to a special capacity and oppose it even its parents
Ollivier, Isabelle. "Le droit pénal et la violence chez l'enfant mineur." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32065.
Full textFilippi, Jessica. "Droit pénal des mineurs et justice restaurative. Approche comparée franco-belge." Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2004.
Full textThis research focuses on the juvenile criminal law and restorative justice in a comparative approach between France and Belgium. Beyond revealing the similarities and differences of these countries in these fields, the research also carters to the difficulties encountered by France and Belgium in the acceptance of restorative justice in juvenile criminal law and its development in the judicial institutions. By studying the reasons that led France to miss the “turning” of restorative justice and those enabled, in Belgium enabled, the implementation of restorative justice in the criminal law for minors, anchor points have been identified for its development in the order of 2 February 1945. Subsequently, an experiment in youth justice service on the reparation measures was led considering difficulties which concern the service itself (actuarial logic, supervisory, financial, professional ideologies and fears). Our analysis of practices in the youth justice services on the reparation measures, reveals that the experimentation of restorative justice is limited by a managerial rationality treatment of juvenile criminal phenomenon. Also, some of the minor approaches and their implementation in the measure facilitate (psycho-criminological approach to acting out part and a psycho-socio-educational dimension in reparation) or inhibit (criminological approach to act itself and a retributive dimension in reparation) restorative justice programs. However, even if the practice facilitates experimentation and that educators apply “direct reparation”, ideological barriers remain in dealing with victims. However, it remains essential to underline that, thanks to the presentation of the principles and promises of restorative justice educators met, the identified pitfalls fall, mainly with the presence of the victim during the implementation of “direct reparation”. Such a development professional postures omen a harmonious integration of next restorative justice approaches in juvenile criminal law
Masson, Bénédicte. "Le mineur étranger en droit français et en droit européen." Paris 11, 2006. http://www.theses.fr/2006PA111011.
Full textLepetz, Roger. "L’enseignement dans les prisons françaises au XIXème siècle : réformer, amender, instruire, éduquer, former ?" Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2084.
Full textAt French Revolution, imprisonment became the main criminal penalty. Reformers and philanthropists agree that prison, the place of punishment, must also be the place of reformation of the convict, at the very least, the place of his amendment. The means to get it are work and education. Today, access to education in prison is a recognized right for prisoners in France. This research questions more particularly the history of the teaching in french prisons during the 19th century. After presenting the state of educational legislation in the early 2000s, the study has two main parts that follow the history of prison. « Each house of penalties must be a school ». The first part of the study runs from 1815 to 1850. His subject is more specifically the elementary instruction of young convicts who are minors. For them, prison and its promiscuity are rather the school of vice and crime. The first priority is to separate children from adults by assigning special places of penalties for children. In France, children are transferred to agricultural penitentiary colonies or locked up in the fortress of la petite Roquette in Paris. In England, some children under the age of 14 are transported to Australia. Despite their qualification as "educational houses", the time devoted in these places to teaching children is very limited. In adult prisons, the legislator makes primary education compulsory for illiterate adults. But ministerial circulars are not immediately applied everywhere.The second part of the study spans from the Second Empire to the end of the Third Republic. In the second half of the 19th century, the acceleration of industrial and technological development implied a need for skilled and educated workers. The elementary teaching is becoming a priority until in adult prisons. Relying on the prison statistics published annually by the prison administration, the author observes the evolution of the teaching, on the one hand in departmental prisons, where pre-trial prisoners and convicted of minor sentences are incarcerated and, on the other hand, in central houses, prisons reserved for long sentences.This study of teaching in French prisons in the 19th century does not only offer a historical approach to teaching in prison. Based on a personal experience of prison and the pursuit of studies in prison, the author wants to open a field of thought on the social impact of the teaching in prison in an overhaul of the prison order which should not remain the concern of the alone specialists of prisons
Bruneel-Baïssas, Carole. "La protection de la santé du mineur." Lyon 3, 2007. http://www.theses.fr/2007LYO33001.
Full textThis work is a synthesis and a critique of the collective preventative actions and enforceable laws aimed at child health. Based on medical, sociological and comparative law, this work proposes a number of ways of reinforcing the efficiency and coherence of the current system. This work centers on the parents'role in protecting the children, highlighting their central role in this task in the first part and examining assisting and enforcing role of public authorities in the second part
Chakirian, Laurence. "La protection de la personnalité du mineur." Lyon 3, 2000. http://www.theses.fr/2000LYO33024.
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