Dissertations / Theses on the topic 'Péna et Péna'
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Teillot, Line. "Religion et droit pénal." Paris 2, 2002. http://www.theses.fr/2002PA020065.
Full textArnal, Jérôme. "Cybercriminalité et droit pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10044.
Full textPadovani, Jean-Pascal. "Terrorisme et droit pénal." Nice, 2001. http://www.theses.fr/2001NICE0043.
Full textTerrorism is a kaleidoscopic notion, multifaceted, gathering a multitude of political, economical, socials, philosophical criterions. Difficult is so for all these countries tormented by this world-weariness to legislate. Furthermore, states, not having suffered from this modern scourge in same way, analyse it differently, analysis that not aim for development of common incrimination. Yet only this common incrimination can allow an effective repression against terrorism that become international, through implementation of legal and police means of fight regarding to the international and regional level. Terrorism moving and using frontiers 's opening in order to strike victims indistinctly all over the world, intergovernmental cooperation, through an international solidarity between countries, needs that each nation give up partially sovereignty to participate, through international treaties, to the drawing up of terrorism 's jus cogens, based notably on recognition of automatic extradition principles and depoliticisation of terrorist act
Schlanger-Stolowy, Nicole. "Droit pénal et comptabilité." Paris 1, 1997. http://www.theses.fr/1997PA010267.
Full textThis dissertation aims at showing the relationship between criminal law and accountancy. This relationship appears firstly in the area of the criminal liability of managers. Several classifications have been prepared dealing with felonies in relation with their accounting component. We propose to introduce felonies where accountancy is the main object of the misdemeanour. This is namely the case for certain felonies related to bankruptcy, for the publication and presentation of unfair financial statements, and for the distribution of fictitious dividends. Moreover, there are felonies relating to ordinary criminal law. We can quote for example swindle and breach of trust. These misdemeanours are related to accountancy which is an evidence of the felony. If criminal law is a component of the managers' liability, it is also important as a punishment of accounting professionals: public accountants, statutory auditors. This criminal liability may arise from the right to exercise the mission. It may also appear in the way the mission is performed
Laurent, Philippe. "Contrat et droit pénal." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32003.
Full textMaury, Olivia. "Famille et droit pénal." Paris 2, 2006. http://www.theses.fr/2006PA020045.
Full textMesseroux, Yasmine. "Secret et procès pénal." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10008.
Full textConfidentiality calls for the respectful preservation of the individual's rights and integrity during the criminal process. Therefore, it has been universally recognized and deemed important worldwide. Seen as sacred to the individual, confidentiality is a continuation of Human rights. Seen as an obstacle to any attempt of governmental intrusion, it is therefore important to the protection of the individual's rights, as stated by the following international bodies of law: the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948, the European Convention on Human Rights and Basic Freedoms adopted by the European Council on November 4, 1950, and the International Covenant on Civil and Political Rights adopted by the United Nations on December 16, 1966. This international protection is reinforced by internal decisions made in every country, combining in most cases some aspects of civil and cri minal nature. Confidentiality appears in every stage of the criminal process : during the police investigation and charges or during trial and jury deliberations on the innocence or guilt of the defendant. Even beyond the trial, confidentiality becomes integral in the rehabilitation of the condemned
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
François, Lyn. "La médiatisation du procès pénal." Limoges, 2001. http://www.theses.fr/2001LIMO0483.
Full textNgarkassa, Philippe. "L'insolvabilité et le droit pénal." Tours, 1986. http://www.theses.fr/1986TOUR1002.
Full textInsolvency is the state of any individual who is in the utter impossibility of paying off his debts. Penal law is ieterested in this concept at the level of the infringements in two ways. On the one hand, implicitly, as far as swindling offences are concerned. So, before examining its determinant role in the constitution of this offence, we found it necessary to see in it an exclusive cause of the charge, at least extenuating circimstances of penalty. On the other hand, explicity, in offences regardind fraudulent insolvency the proceeding of which is consisted either in the increase or discrease of the debt. But does penal law penalize insolvency. No, because in both cases, law only proscribes behaviours revealing or intending to organize it. The effectivenessof this sanction is induhitable when insolvency is organized because both the public treasory and the creditor have meams to compel the delinquent to pay off his debts he is proved to be solvent. But regarding the real insolvent who has no estate and from whom law cannot get a single penny, the problem is quite different. He cannot pay off his debts, therefore meney penalties are null and void. Noreover, his emprisonnement cost a grest deal of money to taxepayers. To bring an action against him, the judge has to resort to substitution measures. Theses measures are garantees that are penal by nature, and which very often let the victims hopless. It is the reason why, in order to fill the gaps, the legislator appealed to national solidarity for their compensation when the author of the offence is insolvent, which enabled penal law to gain authority in this ares in wich it was powerless
Guédon, Jean-Philippe. "Criminalité organisée et droit pénal." Paris 1, 2002. http://www.theses.fr/2002PA010324.
Full textDassa, David. "Ethique humaniste et droit pénal." Paris 11, 2004. http://www.theses.fr/2004PA111003.
Full textNogaro, Sophie. "L’information et le droit pénal." Paris 9, 2008. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2008PA090052.
Full textAny information is characterized by the number of elements, which has to be made known to others, as much as by the intrinsic value of these elements. In order that criminal law guarantees an efficient spreading of information, it is thus vain to protect the contents of the information only from one quantitative point of view. Consequently, it is advisable to complete this protection by qualitative guarantees. Each of these two aspects is also necessary. However, their difference in nature might imply dissimilarities to the intensity of protection. It is easier to increase the volume of provided information than to increase their quality. In spite of this, one can nowadays wonder whether the necessary balance between these two aspects is not broken
Barrial, Dominique. "Contrôle pénal et circulation routière." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32026.
Full textThe ever increasing phenomenon of insecurity on the highway clearly shows the ineffectiveness of the means used against road delinquency. On the one hand, punitive control, which has been widely used so far, now seems to be an inadequate response. The highway penal system hes become an instrument the aim of which, in its diversity, is to control the practical consequences of highway offenses, rather than to curb effectively that particular form of crime. On the other hand, the use of a variety of checks and controls reinforces the scattered and heterogeneous nature of the supervising of highway delinquency. Such a loss unity in the purposes, as well as in the instruments used for control activities, has to be counteracted if one is to reach a form of legal system that is clearly objectified by the concept of highway safety
Mimouni, Rifka. "Prostitution enfantine et droit pénal." Paris 1, 2003. http://www.theses.fr/2003PA010316.
Full textMontagne, Camille. "Lien familial et droit pénal." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD010/document.
Full textStudying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses
Siber, Jonas. "L'image et le procès pénal." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0116/document.
Full textToday, with the rise of new technologies, the image is playing a leading role in our society. If it has been incrementally utilised by the general public, the field of law has also increasingly developed and put this tool to use. The advent of the image has impacted all areas of law, including criminal law and more specifically criminal proceedings. However, it would be wrong to say that it is currently present throughout the whole procedure, where its appearances are surprisingly rare. This leads us to question the place and role of this multiform tool within this wide system. In reality, the image covers all aspects of the criminal trial in its entirety, from the first stage of the investigation to the delivery of the judgement. And even more, as the image goes beyond this framework, by its upstream presence before a criminal act is committed, and downstream from the hearing. In this way, the image appears in a multiplicity of forms throughout all steps of the procedure. However, the diversity of its uses is not the only explanation to its recurring presence, as it also has the ability to serve different purposes. The different forms of an image allow for a variety of uses and purposes, sometimes complementary, but other times very diverse. We can notice, nevertheless, a fundamental distinction between an image serving probationary purposes and used for the proper administration of justice. Present throughout the criminal proceedings, the image will clearly be confronted with all the main principles that govern criminal matters, particularly in its procedural aspect. At a time when a comprehensive reform of criminal proceedings is constantly put forward, the study of a transversal notion, simultaneously serving the establishment of the truth and the good administration of justice, may be necessary if the system needed to evolve. The image would then be considered as the breadcrumb trail on the « path leading to the sentence »
Salomon, Eva. "Le juge pénal et l'émotion." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020003/document.
Full text«Commandment shall belong […] and one shall obey to a faceless order, which may be expected, given its impersonality, to rule without passion and to be listened to without anger»1220. To reach such an aim, practice and criminal procedure try to erase from judgment «passive» emotions as well as some «active» ones that are not based on any logical thinking, since they paralyse the judge's autonomous reasoning. However, among such hounded emotions, only those which can be genuinely controlled by their materialisation are likely to be avoided and to involve the judge's responsibility. Furthermore, one has to take into account the judge's self-discipline by making him aware of these issues thanks to deontological rules. Nevertheless, and despite the fear of arbitrariness that emotions might trigger, the right administration of justice cannot cast aside every emotional consideration: a judge perceives emotions such as the methodological doubts that are necessary to his judgment; he must also take into account the ones felt by others. As a result, within the space left for emotions, a magistrate tries to regulate those which legitimately survive. A judge is ultimately brought back to his status of social being, he cannot escape the emotions which he has integrated through his socialization. He represents social emotions and stays in tune with the values they reveal. The contribution of these emotions to the final decision is legitimised by their representativeness. This legitimacy finally spreads out to the judge's decisions and actions
Desprez, François. "Rituel judiciaire et procès pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10030.
Full textTrial is subject to a double kind of formalism. Procedural rules, which are an implementation of the guiding principles of the trial permitting a good administration of justice, are combined with rites which are a vector for a sacralisation of justice and which can be accounted for by the willingness to reach an ideal of justice. Rituals are inherent in the judicial institution as a whole, but have an even more important value in the field of criminal law, in particular in trial hearings. They enable a representation of justice’s virtues and constitute a basis for contradictory debate. However, legal rituals are not as important now as they used to be. First of all, they have been affected by managerial justice which favours efficiency to the detriment of symbols and develops a type of justice that circumvents the traditional hearing which is the main space where rituals can be performed. In addition, justice, in particular criminal justice, has undergone a major transformation what has consisted in highlighting the guiding principles of the trial to the detriment of the sacralisation of justice; procedural rules are privileged over rites. What’s more, while ritual formalism mainly applies to hearings, procedural formalism concerns criminal trials. Besides, this transformation is larger than the trial itself, and has an impact on both the judge’s legitimacy and on the res judicata
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Liu, Xin Kui. "Étude comparée du droit pénal chinois et du droit pénal français de l'entreprise." Paris 11, 1998. http://www.theses.fr/1998PA111009.
Full textThe chinese criminal code revised on the 14 match 1997 has enriched several provisions facilitating a comparative study between chinese and french company criminal law. By way of introduction to the current research, the evolution of criminal law in the people's republic of china, the methods of updating chinese criminal law in 1997 and the definition of chinese company criminal law were examined. The first part of the thesis is a comparative study of general provisions of company criminal law. This study concerns firstly the requisites in constitution of the offence, namely, the subject of the offence, the subjective aspect, the objets and the objective aspect of the offence. It subsequently involves an analyse of the sanctions and the essential elements taken into account to determine them. There are common points and differences between the criminal law of these two countries relating, in particular, the penal responsibility of the legal persons, the joint offence and the categories of sanctions. The second part is devoted to the comparative study of special provisions of company criminal law. The comparison firstly concerns offences relating to the management of the enterprise, namely offences against the interests of the company and in relation to negligence. Offences relating to the finance of the enterprise, namely these concerning its capital, its accounting and financial activities are examined in the same way. The offences contained in chinese criminal law are less precise, but the sanctions are more severe. In the general conclusion, the result of the present research, the interest and the viewpoint witch represent were set out. It appears that the existence of a single economic law inevitably leads to the drawing together of legal systems of different countries. Several general principles may be drawn in order to achieve an internationalisation of company criminal law
Carrasco-Daëron, Marie. "La dissimulation en droit pénal." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10014.
Full textMarion, William. "Le droit pénal de l'immigration." Paris 2, 2002. http://www.theses.fr/2002PA020057.
Full textRoyer, Guillaume. "L'efficience en droit pénal économique." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20013.
Full textSihaka, Tsemo Ernestine. "Droit pénal traditionnel au Cameroun et problématique d'une nouvelle conception du droit pénal africain." Université Robert Schuman (Strasbourg) (1971-2008), 1989. http://www.theses.fr/1989STR30006.
Full textThe void created by the lack of a general theory for african law was one major reason which lead us to question ourself about a real knowledge of traditional penal law in Cameroon and the problematics for a new conception of african penal law, proceeding from a personal investigation experience in Cameroon, Senegal, Mozambique and Burkina Faso, as well as an afrocentric theoretical perspective and scope. Therefore we found it necessary to review a certain number of eurocentric theoretical approaches, insofar as it seems quite impossible to carry on, on a scientific basis, a study of the african traditional penal system without a due knowledge of the african social formations in their his torical and cultural continuity through space and time. Thus, we have attempted to grasp some of the main characteristics and features of the african judicial systems and traditional penal law: its foundations, basic values, the principles of judicial organization and procedures, etc otherwise, we have analized some of the main factors of change during the colonial and post-colonial eras, the consequences and limits of tho se changes, trying also to reflect upon the objectives and means for a new african criminal policy, based on the most positive values, rules and principles still deeply and strongly rooted in
Poisson, Maryse. "Les femmes et le stigmate pénal." Thesis, University of Ottawa (Canada), 1988. http://hdl.handle.net/10393/5443.
Full textOuellet, Denis. "La surveillance électronique et le pénal." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0002/MQ32548.pdf.
Full textSatta, Francesca. "La génétique et le droit pénal." Poitiers, 2000. http://www.theses.fr/2000POIT3028.
Full textBoisson, Aurélie. "Le droit pénal et la mort." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0023.
Full textFrom accepted death to denied death, the social apprehension of death has never ceased to evolve. Thus, whereas previously death was an integral part of everyone's daily life, took place in the public square and was the subject of real social solidarity, nowadays, professionals have taken over from society. Death is then sanitized, hidden. But while criminal law, as a reflection of society, should have been shattered by this change in perception, criminal law seems to have remained impassive. Has criminal law therefore become indifferent to social values in matters of death? The thesis, by proposing a global study of the criminal apprehension of death, highlights that this indifference to social upheavals could, in reality, only be apparent. In that respect, criminal law, while retaining a certain inviolability in its repressive tools, namely offences, would ultimately have revised its repressive foundations. It would then have moved from life protection to ante-mortem and post-mortem death protection. To this end, the criminal law offers, in the ante-mortem context, protection from natural death by making it a protected social value. Criminal law is thus the guardian of the natural occurrence of death by apprehending the death given in penal result. Once death has occurred, it may be tempting to consider that the protection of the criminal law is directed towards the corpse. However, it is still death that is at the heart of the criminal action. In the post-mortem context, criminal law works to ensure ethical death by ensuring that it is safe for the living and respectful. For this purpose, the action of the criminal law is protean. On the one hand, it maintains the protection of protected social values that are not specific to the context of death such as the health of people. On the other hand, he recognizes a protected social value proper to the context of death: the cult of the dead
Brondel, Franck. "L' administration et le droit pénal." Limoges, 2002. http://www.theses.fr/2002LIMO0488.
Full textTordjman, Garcon Nathalie. "Le secret et le droit pénal." Paris 2, 2000. http://www.theses.fr/2000PA020119.
Full textStauder, Muriel. "Les sectes et le droit pénal." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30003.
Full textThe sects, as anyone, can come within the provisions of the criminal laws when they do not respect their prescriptions. For instance, the sects cannot deny the rules related to the protection of human dignity. These rules protect the person against all the acts of an inhuman or degrading nature. In addition to dignity, the sects are obliged to respect the life and the body of the others, as well as their goods. The problems aroused by the proof partly explain the apparent lack of sanctions as regards the sects. In fact, the proof of the infringements is not always easy, especially because the facts are often committed in a close circ1e. The fear created by the power of certain parties also explains why some victims do not react. When a victim, one often finds oneself alone, having left one's family, friends and job. If one decides to sue the sect because of the infractions from which one has suffered, one will have to face a highly structured party, with a hierarchy, much better prepared to undergo a trial. Moreover, the shame for having suffered from certain acts can be added to the fear. Beyond these limits, it may have appeared that the scarce penal decisions were due to the fact that the texts were not always adapted to the phenomenom of sects. Some facts, like the mental manipulation, would not bring any incrimination. However, the sects, as anyone else, have a right to the respect of their liberties and fundamental rights. The proposed texts do not always respect these liberties. Moreover, the implementation of the notion may face many difficulties. Other more exceptional measures can be envisaged to complete the current legislation, such as the extension of the liability of the moral persons to all the infringements or the suspension of the prescription time for the public action as far as the victim is under the influence of the sect. Yet. The point is not to transform the sect phenomenom into a witch hunt, by this way making the sect a victim. It is just a matter of thinking about measures which would make it possible to conciliate all the interests involved, that is to say those of the sect parties as well as those of the persons, be they initiates or not, who might be their victims
Daoust, François. "La criminalistique et le procès pénal." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020003.
Full textFrance believes in an idealized vision of forensic science, the probative force of which would provide incontestable answers to the criminal trial. This belief is historical and is based on the work of the French pioneers who paved the way for what some have called, by abuse of language, the contribution of scientific proof. But the forensic landscape is not as simple as the actors in the criminal trial assume. Existing forensic systems, training of stakeholders, knowledge of the informational value of the trace with its legal life as well as its scientific traceability, sometimes subject to a normative framework outside the law are all rarely dealt with. Through the various subjects of forensic science, by perceiving their content and their scientific power, but also by their limitations, they shed particular light on the interpretation of analytical results in France and what it should be the judicial time required for the conduct of criminal proceedings. This presentation highlights the existence of the realization of scientific acts often neglected and that relativizes the notion of scientific examinations and expert appraisals yet sacred by law and jurisprudence. This study of criminalistic in the criminal trial highlights the perception of the actors, the difficult mutual understanding with the experts, but also those of more institutional administrations, showing that the interests are sometimes divergent between an accounting vision Justice and the search for truth, which is nevertheless inscribed in the texts. A presentation of the perception as well as the implementation of forensic science in comparative law through accusatory procedure and jurisprudence sheds light on legal debates that strike the door of our inquisitorial system by the increasingly engaged introduction of contradictory. A better understanding of the sciences introduced into the criminal process and making them accessible should give the actors a more relevant capacity for discernment and interpretation, in particular for judges who must draw up the criminal proof from all these scientific knowledge, answers and evidences
Desbiens, Marianne. "Le temps et la procès pénal." Nice, 2005. http://www.theses.fr/2005NICE0055.
Full textBaba, Jean-Gabriel Komna. "Maladies mentales et droit pénal togolais." Toulouse 1, 1992. http://www.theses.fr/1992TOU10021.
Full textThe juridical condition of mentally ill is quite peculiar in Togo even though to specific regulation is applied to the protection of his person, except the decision of November 5, 1932, today unsuitable, the Togolese penal law does not give the mentally ill a place as to their penal responsibility. The consequence is the establishment of an unfounded judicial practice poorly perceived by certain tribunals. Civil law proclaims the principle of their civil responsibility throughout the text of article 318 of Togolese family code, which follows their confinement at the psychiatric hospital, when the individual proves himself to be dangerous himself and to others. This is a curious system which is worth reforming for the improvement of the judicial and social conditions of the mentally ill
Lamy, Anne-Cécile de. "Les dénonciations et le droit pénal." Toulouse 1, 2002. http://www.theses.fr/2002TOU10040.
Full textThe word "denunciation", which is often mistaken for "denouncement", always triggers a reaction of mistrust or even rejection. However, French criminal law makes up go beyond the first reaction by adopting different treatments as regards denunciation : indeed, the provisions of the said law may sometimes actually punish denunciations, sometimes allow them or even make them compulsory. Such variety of attitudes, despite being sometimes ambiguous or not complety coherent, enables us to highlight the different aspects of denunciation : denunciation thus appears as a means to slander people, but also as a way to protect victims and to the detect information. The purpose of this work is to outline and to test how French criminal law, both through its theoretical and procedural dimensions, tackles the concept of denunciation
Belaud-Guillet, Alexandra. "Essai sur l'autonomie du droit pénal financier." Toulouse 1, 2000. http://www.theses.fr/2000TOU10056.
Full textPerucca, Bruno. "L'impartialite du juge pénal." Nice, 1997. http://www.theses.fr/1997NICE0018.
Full textAbou, Yazbeck Chantal. "Le bien saisi dans le procès pénal." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32019.
Full textThe penal procedure's role consists in leading to the truth manifestation in ordre to identify the possible guilty persons and to punish them for their acts. However, society cannot live if security and justice do not exist. This justify that the staff officers who are in charge to search and verify the infringements of the penal law have means to the necessary coercitions. Therefore, thez have the power to "seize" the particulars' goods (property). In democracy, the state must insure the citizens' protection so as the protection of the public interest. As we have already proven, the conciliation and the safeguard of these two interests: the public interest and the fundamental rights, two interests which are antagonistic and sacred, in a state of right, is not an obvious and simple work. All the way of our study, we have been able to ascertain that the common law has always been wavering between these two interests, trying to conciliate and safeguard them. In addition, it is the same when the seized good is the justice's disposition and used as a proof, to charge or discharge, in the penal proceeding; or when it is a matter of restoring the good, which is under the hand of the justice to the interested persons. As verified later, the attempt of the common law in the safeguarding and conciliation of the interests was not exemplary, it is not exempt from lacunas and certain contradictions and sometimes it wanders from the "good sense". Therefore, it is obvious that a reform in the depth of the French system of the penal procedure is indispensable. A reform of the base is required
Mirkamali, Seyed-Alireza. "L'infraction politique : une étude comparative entre le droit pénal français et le droit pénal iranien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10022.
Full textThe political qualification allocated to a fact is variable, and makes difficult even impossible a clear definition of the fact which it qualifies. Even certain authors claim that there is no political offense. This particular variety of crime complies with opposed justifications according to the nature of the country. The Iranian legislator like his French counterpart having preferred the silence. The absence of legal criteria has conducted the doctrines towards an attempt to distinguish between political offenses and those of common law. These efforts have removed, partially, precariousness of the nature of political crimes. In both legal systems, the particular nature of the political crime entails the application of sentences specific to this type of offense. In addition to this criterion, there exist particularisms as for the substantive rules and the procedural rules. For example, extradition cannot be agreed on political matter. It seems to us that, the political offense, despite the vagueness that surrounds it, must attribute a separate place in the subjects of criminal law, it must be distinguished from the common law offense because it is about a type of independent offense who deserves an adequate sanctioning
Beji, Noël. "Système pénal et politique criminelle : interférences et spécificités." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30016.
Full textThe conceptual and structural differences between penal systems and the operating mode of the criminal policies linked to these differences.The solutions to the criminal phenomenon are specific to a social construction model, which its consistency and efficiency require the compatibility of the criminal policy and the penal system.The construction of a criminal justice is distinguished by the exclusivity of its configuration and by a particular lecture of its institutions. It is performed throw an intellectual chaining that incorporates its historical, political and social filiations to realize a set of common references
Demarchi, Jean-Raphaël. "La preuve scientifique et le procès pénal." Nice, 2010. http://www.theses.fr/2010NICE0038.
Full textChavent, Leclere Anne-Sophie. "La proportionnalité et le droit pénal général." Lyon 3, 2002. http://www.theses.fr/2002LYO33022.
Full textCastello, Michèle. "L'abus de gestion et le Droit pénal." Nice, 1998. http://www.theses.fr/1998NICE0015.
Full textCampos, Élisabeth. "Le phénomène sectaire et le droit pénal." Aix-Marseille 3, 1996. http://www.theses.fr/1996AIX32035.
Full textSects are today a society phenomenon and the penal law is now confronted with the reprehensible doings of some of them. Then, the matter of the effectiveness of the penal law sets up and, beyond that, the matter of its practical application. The inadequacy of repression and the difficulties met by this repression led some authors and associations of victimes to ask the taking into account of the mental manipulations, in other words, psychological pressure brought on the adepts to suppress their free will
Gbane, Bourahima. "Le droit pénal et l'information de gestion." Rennes 1, 1986. http://www.theses.fr/1986REN11020.
Full textSuardi, Sandrine. "La maladie mentale et le droit pénal." Nice, 2010. http://www.theses.fr/2010NICE0023.
Full textBouquet, Alexandre. "Le cautionnement pénal, entre tradition et modernité." Paris 1, 2010. http://www.theses.fr/2010PA010278.
Full textSchmidt-Kerhoas, Valérie. "Les travailleurs sociaux et le droit pénal." Poitiers, 1995. http://www.theses.fr/1995POIT3008.
Full textThe conjunction of social workers and criminal law induces us to examine their connections in a study of two distinct aspects. The first aspect implements the interference of the social workers into the criminal process through a function and specific tasks used clearly either before or after the verdict. The second aspect on one hand, deals with the enforcement of the criminal law to the social workers and implies a criminal responsability (professional secret, incorrect practice of the profession), on the other hand it leads t the protection in the exercise of their duties (protection of the qualification, protection of individual, and legal entities)
Cren, Rozenn. "Poursuites et sanctions en droit pénal douanier." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020044/document.
Full textThis thesis is devoted to the study of the prosecution and punishment mechanismsin criminal customs law, in order both to identify the derogatory nature of the criminal and enforcement law, and to understand the subsequent issues. The issue is also to determine if this law remains fundamentally a part from criminal procedure or if it tends to return to normal. To a lesser extent, it is also to put customs law into context of tax litigation, which constantly benefited from legislative developments in recent years.The repression of customs offences is thus characterized by a strong particularism which may be explained by History, but mainly by the specificity of this delinquency that threatens the financial interests of the State and of the European Union and that is also difficult to grasp regarding the diversity of the fraudulent means implemented. It required a considerable strengthening of the powers of the administration, relating to the research of customs offences, and to the subsequent proceedings and penalties. Nowadays, customs law has to evoluate according to a double trend. Its differences with criminal procedure, like its specific character regarding tax procedure, have to be justified. Customs law cannot be anymore exclusive of other laws. The customs criminal matter is subjected to a strong movement of judicialization and constitutionalism. Both Courts, the national one and the European one, play a decisive role in the compliance of customs law. The specific powers granted to customs are declining. However, they are still implemented in the areas marked by History. Criminal customs law remains original in its derogatory penalties, but also in its finding powers which are singular in their mechanisms of prosecution