Tesis sobre el tema "Police criminelle"
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Matelly, Jean-Hugues. "Gendarmerie et police judiciaire criminelle : l'enquêteur face à l'organisation". Toulouse 1, 2004. http://www.theses.fr/2004TOU10030.
The gendarmerie, a military force, is distinguished by a pyramidal hierarchical organization applied to a territorial and non-functional division. In the field of criminal investigation (CI), this model generates internal tensions. The judicial and police system is focused on some priority cases, due to their media coverage. Crime is thus the fact stigmatised in live by the public opinion. For the gendarmerie, matters mostly a criminal investigation department fit to answer this public commotion. To this end, a specialization more displayed than real seems to be enough. As regards as mass delinquency, in order to give results corresponding to the expectations of the authorities, the gendarmes know for a long time how to play with statistics. However, the investigators say they are fascinated with their job, a passion that is underemployed due to human resources management, which doesn't acknowledge much skills. They consider a real specialization of CI is necessary. Those expectations come up against the inflexibility of a general bureaucratic organization, which considers every specialization as a threat or a meddling of experts in the sovereign prerogatives of the military chief. This resistance is the expression of conflicts, particularly between officers from high military schools and officers from gendarmerie. For the first ones, who monopolize the strategic positions, the creation of a specialized division would further the development of an other power, owned by the expert officers who master the judicial field and could use the criminal investigation, favoured by medias, to increase their influence
Li, Qing Lan. "Le rôle du parquet dans la politique criminelle en Chine". Paris 1, 2003. http://www.theses.fr/2003PA010274.
Yoo, Jusung. "La formation historique des organes d’enquête criminelle en Corée du Sud : l’influence du droit français". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100208/document.
Each Country has its own system of criminal investigation, with its own historical and cultural evolution. Despite major changes in Korean society during the twentieth century such as Japanese colonization (1910-1945), division between the north and south of the country (1945), Korean War (1950-1953), the establishment of a military dictatorship by coup d’état(1961), and so on. Korea became a democratic country, continuing even today to democratize its society to remove remnants of past systems that are always present. One of the important points of this democratization is the reform of the judicial system to make the country more just and restore the confidence of the Korean people in it. To understand the current situation, it is necessary to present the evolution of criminal investigation system in Korea throughout its history, particularly the historical formation of the public prosecutors’ service and the national police as the criminal investigative agencies. Also we have to note the importance, for this subject, of Japanese law and French law, because the Korean criminal investigative system is a system strongly influenced by the judicial system of the both foreign countries. However, it is not possible to find a direct influence of French law in the legal history of Korea because Korean law has just borrowed the institutional concepts from French law under the influence of Japanese law (who had adopted the French law to modernize its judicial system during the Meiji period) during the Japanese colonization. Thus, there are some traditional conceptions of French institution in the current Korean system, centralization and hierarchy. The Korean police and the public prosecutors’ service, which are the two main organizations are responsible for dealing with criminal cases, are centralized and they also have hierarchical relationships between them
Camara, Fodé. "Systèmes criminels et systèmes sociaux en Afrique de l'ouest : entre contingence et complexité : le cas de la Guinée". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10066.
The purpose of this research is to understand the criminal phenomenon, its implementation, and its perpetuation through the devices and instruments of control, from international to national to regional crime policies. This research was conducted in Guinea, located in West Africa. After Independence, African States were immediately faced with the problem of the complexity of their social systems. Complexity is rooted in structural couplings created in colonial times between traditional and colonial system. In a world in which we simultaneously exclude the necessity and impossibility, inter-systemic interactions are key. Self-observation and self-description of African social systems will be selectivity even more contingent than in traditional social systems. Globalization will increase this phenomenon and will eventually affect Africa; opening gaping holes in its political and legal systems allowing criminals systems engulf it
Favarel-Garrigues, Gilles. "La lutte contre la criminalité économique en Russie soviétique et post-soviétique, 1965-1995". Paris, Institut d'études politiques, 2000. http://www.theses.fr/2000IEPP0022.
Fombonne, Jacques. "L'exercice de la police technique et scientifique par la gendarmerie nationale : une solution rationnelle apportée pour le traitement de l'indice matériel, à la question de la preuve ne matière pénale". Paris 2, 1994. http://www.theses.fr/1994PA020057.
The purpose of this thesis is to set out the means that the national gendarmerie has at its disposal in orde to carry on technical and scientific police (or forensic science) : i. E staff, equipment and training ressorces to which must be added matters of use regulations. This presentation goes together with a correlative study of the facilities which are set up for the national police. Forensic science - whose various definitions are specified in the thesis - being based u pon the technical processing of material evidence, the initial developments endeavoured to underscore an analytical approach to the status of that piece of evidence - in ancient civilizations as well as in positive law - as legal evidence for the prosecution. This study was designed to result in an attempt to classify evidence and in the underlining of the necessity of a forensic operating of pieces of evidence as the only solution for the procedure evolution towards rationalism
Rai-Gonneau, Ecatherina. ""Van'ka Kain : le Cartouche russe : essai de biographie criminelle dans la Russie de Catherine II". Paris, EPHE, 2006. http://www.theses.fr/2006EPHE4105.
This study of Russian attempts to compose a biography of Van'ka Kain (1718-after 1756) includes the three earliest known narratives depicting the career of the celebrated rogue turned police informant, originally published between 1775 and 1779: the so-called "Short Tale", "Kain's Autobiography" and a novel by Matvej Komarov, as well as french translations of the Short Tale and Komarov's novel. It defines successive stages of the biographical cycle between 1775 and 1826 and identifies a network of previously undetected cross-influences, long obscured by the uncertain status of the author and the literary texts. These complex links compel the reevaluation of widely-held assumptions about the influence of the collection of songs and the Story of the Life of Louis-Dominique Cartouche published together with some versions. The biography of Matvej Komarov is first reconstructed. His work is then compared with probable literary sources and known facts about the life of the historical Van'ka Kain and his contribution to the emergence of the novel form in Russia is evaluated. Finally, by tracing the reception of the cycle and its main character in the 19th and 20th centuries, the study illustrates how the Russian printing press created its first popular myth
Amourette, Cédric. "Prostitution et proxénétisme en France depuis 1946 : étude juridique et systémique". Montpellier 1, 2003. http://www.theses.fr/2003MON10042.
Guenot, Marion. "« Le crime ne paie pas » : les Groupes d’Intervention Régionaux de la police judiciaire : sociologie politique de la construction d’une institution au succès improbable". Electronic Thesis or Diss., Paris 8, 2018. http://www.theses.fr/2018PA080135.
This thesis focuses on the GIR, which bring together policemen, customs officers, customs inspectors, tax inspectors, labor inspectors, agents of the recovery of the social security contributions, and their work: the fight against the “underground economy” or “criminal property”. This work is based on observation, interviews, work on police archives in three GIR between 2014 and 2017 and their jurisdictions; and by questionnaire survey on the 2016 promotion of the “GIR investigator” training. Created in 2002, the GIR have been controversial, being exploited politically against the French suburbs. The professionals recruited in the GIR have built their autonomy by developing a new field of activity: seizure of criminal gains. Agents, who learn this atypical work “on the job”, define and implement categories of judgment on the wealth, poverty and immorality of profit seeking based on their own values and economic practices. The thesis shows how these very heterogeneous teams manage to create and defend a common goal responding to the principles of a redistributive justice. In order to attain their aim, GIR agents develop the skills of “diplomats” and “salespersons” of the “criminal property”. These groups constitute an interesting case of "project management" in the sovereign institutions
Matsopoulou, Haritini. "Les enquêtes de police /". Paris : LGDJ, 1996. http://catalogue.bnf.fr/ark:/12148/cb361587666.
Carrillo, Jean-François. "Police judiciaire et renseignement face aux menaces criminelles". Toulouse 1, 2010. http://www.theses.fr/2010TOU10045.
The objective of Criminal Investigation is to repress crimes and offences. In this view, based on the offences which have been notified, or eventually noticed, investigators implement techniques which will enable to gather proof, to identify the perpetrators, and to send them over to the law, for their trial. Thus, criminal intelligence is essential at this stage of investigation. But, besides the everyday criminality, new kinds of threats have occurred or have developed. Thus, the new environment of intelligence and criminal investigation consists in the generalisation of these new threats, the elimination of the distinction between internal and outside security, the creation of new relationship between security and defense, a new apprehension of the notion of border, and the evolution in missions of the police. At the same time, the consequences of the vividness of the terrorist threat refer to the fundamental question of which model of democratic police to be developed. The answer consists certainly in a new approach of the criminal investigation in the frame of a conception which would give an increased role to intelligence, enabling action as soon as the first constituent elements of the offence would be gathered. Nevertheless, this criminal intelligence, which can be qualified as offensive needs to enter a legal frame which reconciles respect for fundamental freedom with a necessary efficacy which is essential for the protection of the society
Polat, Ahmet Callot Émile-François Hamamci Can. "Le passage d'une police d'ordre à une police de proximité". Lyon : Université Lyon3, 2007. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2006/polat_a.
Thèse soutenue en co-tutelle. Titre provenant de l'écran-titre. Bibliogr.
Dangy-Scaillierez, Isabelle. "L'énigme criminelle dans les romans de Georges Perec /". Paris : H. Champion, 2002. http://catalogue.bnf.fr/ark:/12148/cb38831322v.
Bibliogr. p. 365-378. Index.
Matsopoulou, Haritini. "Les enquêtes de police". Paris 1, 1994. http://www.theses.fr/1994PA010266.
This thesis aims to study the different investigations conferred by law to the police, investigations carried out most often by the judiciary police, but sometimes by members of the administrative police. The first section deals with investigations. A preliminary chapter draws the distinction between the judiciary police and the administrative police. This is followed by a presentation of the different services and a discussion of the judiciary polices organisation and functions. The first sub-section looks at the different investigations carried out by the judiciary police. Independent investigations (flagrant and preliminary) are examined, as are investigations subject to a judge's rogatory letters. The second sub-section deals with investigations of an administrative nature, either general (prefectural investigations, identity checks, telecommunications for security (reasons), or specific (alcoholism control, house searches, tax, customs or competition related seizures). The second section looks at the safeguards surrounding independent investigations carried out by the judiciary police. The first sub-section contains a detailed analysis of authorised acts (reports, calling on expert opinion, searches, seizures, and in particular police custody in relation to the laws of 4th january and 24th august 1993). This sub-section also looks at variais methods used by the police (photographs, phone taps, provocation, stratagems, use of bodily traces, files, and informers) from the point of view of human rights. The second sub-section examines the alaw related to investigations
Adamou, Abouféidou. "Repenser la politique criminelle du mineurs au Bénin". Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0021.
Although having adopted texts with the national plan and having ratified several International conventions relating to the protection of the children, Benin continues to record various forms of ill-treatment with regard to the children. In the same way, Benin suffers from a real dysfunction and a deficiency of the systems legal and penitentiary with regard to theprotection of the minors in conflict with the law. In addition, one asks for today which penal answers give to these children in difficult situation if many measurements applied showed heir limit because summarizing itself for the majority either with measurements of guard or rehabilitation, or a penal judgment. This total and often latent situation which constitutes oneof the aberrations of modern times cannot leave whoever indifferent although it is delicate to know the extent of its demonstrations. From where obviousness “to reconsider the criminal policy of the minor in Benin”. But, unfortunately the criminal policy of the child far from contextualizing itself reflects still certain provisions of the past which inevitably undermine the booked shameless treatment to the Beninese children. This is why vis-a-vis a criminal policy of the minors in alarminginventory of fixtures, it is necessary to invent a new criminal policy
Lojou, Christophe. "La lutte contre la délinquance dans les pays arabes : l'exemple de l’Algérie, l’Egypte, l’Arabie Saoudite". Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100074/document.
This research addresses the issue of the fight against crime in the Arab-Muslim world through the example of three Arab countries: Algeria, Egypt and Saudi Arabia.Despite a sometimes problematic implementation of their criminal policy and real deficiencies in terms of Human Rights , Arab authoritarian regimes , which are subject to the pressures of globalization , receive the UN texts , wish to be effective in their fight against crime and are required to follow a positive dynamic. They reflect an evolution that led to the development of devices fight against crime and terrorism involving a plurality of actors around two dimensions, repressive and social. Search effectiveness, multidisciplinarity under construction, cooperation and international standards, all of which give us observe devices fight against crime that approximate patterns that we know in France
Schröer, Norbert. "Der Kampf um Dominanz : hermeneutische Fallanalyse einer polizeilichen Beschuldigtenvernehmung /". Berlin : Walter de Gruyter, 1992. http://catalogue.bnf.fr/ark:/12148/cb39267074f.
Adamou, Abouféidou. "Repenser la politique criminelle du mineurs au Bénin". Electronic Thesis or Diss., Perpignan, 2016. http://www.theses.fr/2016PERP0021.
Although having adopted texts with the national plan and having ratified several International conventions relating to the protection of the children, Benin continues to record various forms of ill-treatment with regard to the children. In the same way, Benin suffers from a real dysfunction and a deficiency of the systems legal and penitentiary with regard to theprotection of the minors in conflict with the law. In addition, one asks for today which penal answers give to these children in difficult situation if many measurements applied showed heir limit because summarizing itself for the majority either with measurements of guard or rehabilitation, or a penal judgment. This total and often latent situation which constitutes oneof the aberrations of modern times cannot leave whoever indifferent although it is delicate to know the extent of its demonstrations. From where obviousness “to reconsider the criminal policy of the minor in Benin”. But, unfortunately the criminal policy of the child far from contextualizing itself reflects still certain provisions of the past which inevitably undermine the booked shameless treatment to the Beninese children. This is why vis-a-vis a criminal policy of the minors in alarminginventory of fixtures, it is necessary to invent a new criminal policy
Gomez, Pardo Julian. "Gouverner et punir le crime en Île-de-France sous les rois absolus (XVIIè-XVIIIè siècles) : Politique pénale, criminalité et répression d'après les archives de la Maréchaussée de l'Île-de-France". Paris 13, 2008. http://www.theses.fr/2008PA131031.
Born at the beginning of the sixteenth century, the mounted police of Ile-de-France is created to fight against serious crime and to protect the big roads of the surroundings of Paris. Quickly integrated to the Parisian police plan of action, its activity is strongly controlled by the Parisian Parliament. Like the police general lieutenant, created in 1667, the provost company of Ile-de-France goes under the control of Colbert, minister at the “Maison de Paris” in 1668. It is divided into squads so as to spread its net over the area of Ile-de-France and to protect the main roads in a better way, while the severe justice of the Ile-de-France provost launches the last actions of torture. By dissociating the police and judicial functions in 1700 with the redefinition of the squad inspector’s role, Jérôme de Pontchartain, while he was at the post of minister (1699-1715), transforms the company in order to place it in the service of a policy of public safety and of the criminal policy of the government. From an auxiliary company of the provost justice specialized in the safety of the big roads, the mounted police of Ile-de-France becomes a police company of the Ile-de-France rural environment during the eighteenth century. The police practices change as the registered disagreement evolves. In addition to the traditional provost serious crime, the squads arrest petty criminals, even if it means handing them over to the general lieutenant or to the criminal lieutenant. The year 1741 marks a third breaking-off. Fueled by the arrival of a great number of young provincials in Ile-de-France, badly integrated to the Parisian society, crime increases. Marginality and criminality are lumped together by the power. Faced with the rise of criminality against the property, the suppression of marginality and a new phase of criminal suppression begin. The police prison practices, greatly used as a means of punishment, become widespread among the judicial practices, while the strongest punishments are in decline
Beji, Noël. "Système pénal et politique criminelle : interférences et spécificités". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30016.
The 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
Gagnoud, Pierre. "L'enquête préliminaire et les droits de la défense". Nice, 1998. http://www.theses.fr/1998NICE0005.
Krimi, Imane. "Les droits de l’individu dans l’enquête préliminaire". Corte, 2008. http://www.theses.fr/2008CORT0008.
Essouma, mvola Guy. "La politique criminelle de lutte contre les discriminations à l'embauche". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA016/document.
Discriminations at the recruitment, consisting in an employer's refusal to hire one or several candidates even competent ones, based on non objective considerations, which are prohibited by the French law, interfere with the principle of equal treatment between individuals, a principle dear to the Republic. That is why we have witnessed for a few years the setting-up of measures aimed at fighting the discriminatory phenomenon at the recruitment. This large set of measures forms what is known as the criminal policy of fight against recruitment discrimination. To take an interest in it, as is the aim of this thesis, is simply to wonder whether, today in France, all the means implemented to fight the specific discriminatory phenomenon, really enable to answer it aptly. In other words, does the criminal policy of fight against recruitment discrimination enable to control, even to stop the said discriminatory practises, such as they are considered and conceived today in our society? In order to achieve this, we will go on with a critical assessment of the mechanisms and methods set up by the stakeholder striving for the fight against recruitment discrimination. Therefore, our analysis organises itself around the two sectors constitutive of this criminal policy of fight against recruitment discrimination which are on the one hand the repressive and victim assistance sector and on the other hand the preventive sector
Baccigalupo, Alain. "Polices d'investigation et droits de l'homme : étude de droit comparé : Canada/France". Paris 1, 1999. http://www.theses.fr/1999PA010330.
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.
Organized 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
Ah-Thion, Oona. "Contribution à l'étude du principe de précaution en droit pénal et en politique criminelle". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010303/document.
The beginning of the 21st century has seen the implementation of profound legislative reforms which have upset the criminal law and the criminal policy. They took place in a society of risk characterized by the acceleration of the modernity and the production of multiform risks which are linked to it. Gradually the precautionary principle, taken forcibly from the environmental perspective and as an incantation and a refrain, will interfere in those matters to such an extent as to generate consequences on the principle of legality which structures the modern legal rationality, to impose the revision of some other key principles like the presumption of innocence and the principle of necessity, and to place at the center of decisions critical notions such as the danger. Under the influence of the precautionary principle, the very concepts of infraction, of legal responsibility and of punishment are being dislocated by the urgent appeal to take more and more into consideration the future and its potentiality of danger. In this perspective and under the growing pressure of the precautionary principle, the right to security tends to focalize upon a victimizing approach of the society at the expense of an old conception of criminal law founded upon the legal balance between security and liberty. And the criminal policy guiding those developments operate as a new model, which in its obsessional quest of security, makes of the precautionary principle both its internal and external finality. This thesis is thus devoted to the study of the precautionary principle as it is applied to the criminal law and to the criminal policy which it examines through theories and multidisciplinary approaches .Its main objective is, by the examination of the evolution of the criminal policy and of some theories of criminology, and in contact with the ideology of precaution, to highlight the current emergence of a new legal rationality of precaution which operates according to a specific methodology and by the use of a specific terminology
Villeneuve, Ménard Francis. "La criminalisation de la manifestation, une affaire de police : généalogie de l’infraction d’attroupement illégal". Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35520.
Caporossi, Olivier. "Les justices royales et la criminalité madrilène sous le règne de Philippe IV, 1621-1665 : unité et multiplicité de la juridiction royale à la cour d'Espagne". Toulouse 2, 2002. http://www.theses.fr/2002TOU20086.
The objective of this work was to understand how a jurisdiction was built at the Habsburg's court thanks to the reading of documents of judicial practice and theology, of sources which are still unknown (the trials by the junta of the Bureau or "porcones") or barely used (for example, the petitions for pardon on Good Friday). Next comes an analysis of the jurisdictional multiplicity of the court, which insists on the roles of the junta of the Bureau, the Council of Castile, the alcades of the court and the corregidor, and the ecclesiastic, military and diplomatic jurisdictions in Madrid. This accumulation of jurisdictions grew during Philip IV's reign and created competing criminal proceedings. The second part of this work is based on concrete cases which confront the different tribunals of the court and on the clarification of the criminal proceeding. The third part insists more particularly on the place and the role of the police, which led to a growing conflict between the jurisdictions. The law being progressively made public and the actions of the organs of social and judicial negociations -i. E. The appeals, the different juntas, the role of the Chamber of Castile in the King's mercy- are finally examined
Guinamant, Ludovic. "La police judiciaire sous mandat international : étude des enquêtes conduites dans le cadre des opérations de paix". Poitiers, 2009. http://www.theses.fr/2009POIT3017.
The United Nations is called out to intervene in geographical conflic zones in order to guarantee or impose peace. Amongst the tasks assigned to the military or civil forces sent by the security, that of assuring public security constitutes a guarantee of a return to peace. .
Cama, Valérie. "Les investigations policières : vers la recherche d'un équilibre entre les pouvoirs de la police et les droits et libertés fondamentaux des personnes". Montpellier 1, 1996. http://www.theses.fr/1996MON10046.
In a society that advocates equity and the respect of the human rights, the protection of the liberties is the problem for any person who has some power. There is in every organized society a right for repression, that finds expression in detrimental measures to individual liberty. These measures are all the more serious because they intervene before a final sentencing and yet, they are necessary for the correct course of the inquiry. The main task of our police is in fact to maintain law and order and to search for the authors of offences. The search for judicial truth constitutes their main task. The truth must be strongly established, demonstrated ; it will allow to esconarate the innocent person, it will allow to confound the guilty one. All liberal and individualistic idea of the state demands the respect and the protection of individual liberty. The measure of this protection depends on the interplay of the accepted limits. It's a question of strictly determining the legal context of police inquiries before establishing the limits of any intervention by the development of a legal context that establishes a fair balance between the coercive powers which are necessary to protect limits of any intervention by the development of a legal context that establishes a fair balance between the coercive powers which are necessary to protect public order, and the fundamental rights that we have to give the persons. France, the country of human rights does not get to establish a fair balance. The inadequacy of the guarantees because of the existence of limits to the actual principles of the persons' protection and of their fair rights clearly appears within our legislation; it's a sign of the superiority of public interest, of the prevention and the repression of penal offences on the private interest, in accordance with which we must guarantee individual freedom. Our legal system doesn't protect fundamental rights and liberties enough
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.
Agbodo, Jean Paul. "Le choix de politique criminelle en matière de récidive des majeurs : analyse de droit comparé français, canadien et ivoirien". Electronic Thesis or Diss., Paris 8, 2021. http://www.theses.fr/2021PA080124.
The choice of criminal policy against the recidivism of adults has allowed the French legislator to highlight two forms of penal policy since the beginning of the contemporary era. If the first one established on the severity of the punishments has been transformed into the deprivation of liberty. The second one, highlighting the alternative punishment to imprisonment, seems to gather today the majority of acceptances in the fight against recidivism. In order to do so, the French legislator has turned to Canadian law over the last ten years to extract two measures, the probation sentence and restorative justice. However, the contribution of these different penal responses seems to have only a minor effect, insofar as neither a decrease in recidivism nor a reduction in the rate of incarceration considered a major cause of recidivism was observed before the Covid crisis.19. This is why the idea of a restorative justice system is so important. This is why the idea of a consensus on the integration of the penal philosophy of rehabilitation of the convicted person, following the example of Canadian law, is essential for the French legislator, wishing to achieve the criminal policy objective of reducing recidivism. Therefore, if restorative justice appears to be an asset in the fight against recidivism, the numerus clausus can also be added. All things to which the Ivorian legislator is also invited to commit in order to restore its penal system which, as it stands, is based on practices that are still similar to a lack of clarity in the fight against recidivism
Berthé, Gaffiero Catherine. "Le cinéma policier français (1910-1950) : du film à énigme au film criminel". Paris 1, 2003. http://www.theses.fr/2003PA010559.
Hildenbrand, Sophie. "La prescription de l'action publique comme outil de politique criminelle : étude de droit comparé franco-allemand". Electronic Thesis or Diss., Strasbourg, 2023. http://www.theses.fr/2023STRAA010.
The statute of limitations, envisaged as a tool in the service of clemency, was a revolutionary achievement in France and was fully established in Germany at the end of the 19th century. However, the increasing need for repression in the following century led to a massive rejection of the institution. Both the general and special statutes of limitation were used to satisfy criminal policies. The institution remains however essential in our Romano-Germanic law because of the mixed nature of its foundations. On the one hand, according to the German doctrin, it is possible to explain the principle of prescription materially by the diminishing intensity of the unlawfulness of the offence. On the other hand, its duration is determined by its procedural basis, which is the right to a fair trial. On the basis of this dual foundation, a far-reaching reform proposal will be formulated to give the institution its full vigour. Its general regime will be framed and its special regimes moderated
Esnard, Catherine. "Rationalités et jugement social : une étude des déterminants contextuels du jugement social policier". Bordeaux 2, 2001. http://www.theses.fr/2001BOR20870.
Should the question of validity of evaluative behavior and social judgments expressed daily by "professionals of the relation in others" be measured by normative criteria of a scientific nature ? In reexamining the classic paradigms of social perception, social cognition thus turns to a multidimensional conception of the modes of knowledge as well as towards new paths of reflection for "rationality of the inferences" (Drozda-Senkowska, 1995), logics of social thought and strategies of social judgment. In this perspective, this research has for objective the analysis of certain contextual factors susceptible of conditioning acceptance of one of the two main dimensions of rationality : scientific logic and pragmatic logic, in the elaboration of professional social judgment. This problem is applied here to the social judgment expressed within the framework of a police penal inquiry. This quasi-experimental study, using a methodology of a fictitious case, concerned a population of 252 police officer patrolmen. Results show a predominance of pragmatic police logic characterized by a hypothesis confirmed not only based on a procedural interpretation of the facts but also on first impressions of others. This pragmatic strategy is modulated benefiting an analytical strategy of a fase hypothesis when the context of judgment mobilizes cognitive and motivational factors connected to the accountability and social visibility of the judgment. It is reinforced in its personalized dimension when the context mitigates these same factors. Definitively, only the contingent factors in the context of judgment bring to date a cognitive flexibility of the policemen while their job related (rank, seniority) and ideological particularities have only a weak impact on the rational strategies of police social judgment. As hypothesis, a modelling of the internal dynamics of professional social judgment is proposed
Sartini, Tony. "Les réseaux criminels entre logiques économiques et logiques ethno-culturelles". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020061.
Criminal networks between economic and cultural logics The criminological tradition readily conceives crime as an individual fact. Unlike this conception, this thesis proposes to understand the crime as a social and political fact. The traditional materialistic and culturalist models were able to account for the explanatory economic and cultural variables of the crime. However, they have insufficiently taken into account this fundamental fact that criminal activity is, in its mass, a group activity. In particular, they are struggling to explain the over-representation of minorities-especially ethnic-in crime. A sociometric model called "Criminal embeddedness" shows how the sociability of minorities gives comparative advantages to such minorities in organized crime.Because it is primarily a phenomenon of networks, crime is thus explained by understanding the economic logics that motivate members of criminal networks, but also the ethno-cultural logics that structure them. Such logics are always prevalent in the contemporary world, characterized by globalization, the more virtual nature of trade, communitarianism and terrorism. These economic and cultural logics were not sufficiently taken into account by public security policies in France, in particular in urban governance and in criminal intelligence policies. This is largely due to the French model, which is struggling to grasp the logic of crime in a pragmatic way, and to take into account ethnicity
Bonzom, Alice. "Criminelles ou rebelles, déviantes ou démentes : femmes victoriennes et édouardiennes dans l’univers carcéral londonien (1877-1914)". Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE2118.
This thesis explores the journey of Victorian and Edwardian women through the London carceral and semi-carceral system. It focuses on a turning point in penal history, concentrating on the period between 1877, when local prisons were nationalised, and 1914, when the First World War broke out. Using the prism of gender, it connects the notions of criminality and deviance.For female offenders, penal, moral, social and medical judgments could overlap, blurring the boundaries between criminality, rebellion, badness and madness. To properly grasp the multifaceted figure of the female criminal, this thesis will accompany women along the corridors of the London courts, prisons, inebriate reformatories and refuges for ex-convicts and prisoners.In the perspective of gender studies, it sheds light on female experiences without obscuring the lives of male prisoners. Using archives “from above” and “from below”, this dissertation questions some of the theories expounded by historians of crime and gender, in particular when it comes to penal judgments, carceral treatment as well as medicalisation attempts. It demonstrates that female offenders became the epicentre, rather than the unique focal point, of a pathologising process of criminal deviance. Using three angles of approach – forging, reforming and curing the figure of the criminal woman – it shows that medicalisation endeavours were intertwined with classical moral principles.This analysis first discusses the forging of female criminals’ identity by the authorities, whether they be reformers, judges, penal administrators or philanthropists. It reveals that only an intersectional approach can yield fruitful conclusions when it comes to sentencing patterns, and that men were also the object of normative “civilising attempts”. Then, it gives pride of the place to the everyday reality of incarcerated women. Female bodies and minds were regulated and feminised, but also neglected. A “crash course in femininity” both materialised and evaporated. Paradoxically, women could regain control of their bodies by adopting the normative “feminine” behaviours that they had previously eschewed. As the 19th century wore on, and as reoffendingseemed to surge, new scientific theories emerged from outside the prison gates, colliding with the penal sphere. Degeneration seemed to loom, and eugenics grew in popularity. Female offenders found themselves at the confluence of medical discourses coming from medical doctors, alienists and even gynaecologists. Gradual emancipation attempts combined with contemporary fears for the future of the nation, giving birth to “criminal sciences”, and more specifically “female criminal sciences”. Some prisoners, especially those who suffered from inebriety, were labelled deviant but also defiant and deficient. Sent to inebriate reformatories or confined in special carceral wings, they were painted as sick. However, a close study of life in such reformatories reveals that moralising attempts were still very much at work. Social hygiene was the order of the day, more than medical treatments.As new penal policies announced in 2019 seem to foreshadow a reinforcement of the carceral network, it seems vital to shed light on yesterday’s prisons and today’s penal institutions, where the echoes of gender norms and medico-moral perspectives can still be heard
Mauclair, Fabrice. "La justice seigneuriale du duché-pairie de La Vallière". Phd thesis, Tours, 2006. http://www.theses.fr/2006TOUR2013.
The ancien régime's seigneurial jurisdictions have been much criticized. But studying the organisation and the activities of three seigneurial courts of the La Vallière's duchy-peerage (Château-la-Vallière, Saint-Christophe and Marçon) between 1667 and 1790, shows that this institution could prove to be efficient, quick, not very expensive, and offer quite a few advantages to the ordinary man. Thanks to their extented powers, those courts interfered in many areas of the social and economic life, making them in that way useful to the people. If they guaranteed the Lords the payment of their rights and the seigneurie's upkeep, they were first and foremost at the inhabitants community's service. Major bodies of the country's social regulation, they took part in the public service of justice and of the police, as did the royal courts. Between the end of 17th and the end of the 18th centuries the expenses generated by the acts of the seigneurial courts of La Vallière's duchy-peerage increased a great deal and yet their global activity decresased much at the same time. However, at the eve of Revolution the courts under study were not on the wane. They kept and maybe developped their activity in the voluntary justice area. What's more, the last ten or twenty years of the ancien régime were marked by a new lease of life of the contentious and criminal activities
Thérage, Marc. "Le cercle des affaires entre suspect et bienfaiteur : l’invention du droit criminel des affaires dans l’ombre de la police économique en Flandre wallonne et en Hainaut (XVe – XVIIIe siècle)". Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20015.
In ancient law, buisiness criminal law constitutes a peculiar step in the history of what has now become « buisiness penal law ». Although, in those days, the various types of fraud committed by buisiness professionnels don't all relate to criminal law. In the shadow of various economic police texts, emerges a subject whose rules are so particular that they have to be isolated from common law. For example, Flandres wallonne and Hainaut provinces (where the industrial and commercial wealthy bourgeoisie establish the power of the urban republics) provide a important and representative body of case law. The study of this jurisprudence reveals that the turpitudes of the buisiness circles of these provinces sometime relate to criminal law. Consequently, between 1424 and 1789, 669 judgments areissued in criminal law. The abundance of this branch of law and the silence of the criminal law specialits on it lead to the necessity of creating a posteriori several law categories in order to appreciate the great variety of incriminations. Yesterday and today, buisiness criminal law contains general (theft and forgery) and special (commercial criminal law, consumer criminal law and tax criminal law) topics. As a consequence of this firstobservation many questions appear. How to distinguish between buisiness criminal law and economic police ? Which are the different offences committed against the buisiness world ? Which are their specificities that lead to treat them distinctly from the other offences
Charland, Anne-Marie. "La machine à broyer les petites filles de Tonino Benacquista : de la mécanique nouvellière à l'hybridité du sous-genre criminel". Mémoire, Université de Sherbrooke, 2012. http://hdl.handle.net/11143/6496.
Apetroaie, Cristina. "L'ambition d'une justice restaurative pour les jeunes délinquants : l'exemple de la France et de la Roumanie". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010303.
The restorative justice is a model in motion aiming, through the protagonists' active participation, to restore the social link broken by a crime. Heterogeneous and disparate, the restorative practices are experiencing difficulties implementing the field of French and Romanian criminal policies related to juvenile and young adult criminality. Openly restorative or concealed under a punitive appearance, its wealth is derived from the diversity of its practices, yet it represents as well a source of confusion, due to the Jack of a clearly defined conceptual framework. Depending on managerial approaches, the restorative devices are weakened by the inconstancy of their theoretical foundation. Thus, the establishment of a set of guiding principles would allow the restorative movement to transform into a restorative model. Cross-functional, these transformations are revealing themselves through a change of view regarding the crime, considered as a conflict harming the persons, the responsibility, drawing its sources from the notion of social link and bearing a prospective form, as well as the sentence, fulfilling a double restorative function : of the protagonists and of the social link. Therefore, the restorative mode! is not bound to be substituted to the traditional criminal system, but to act in a complementary manner with the latter. The protagonists are reappropriating the act of justice and its temporality by taking an active part in the resolution of the criminal conflict, in a humanistic approach aiming to pacifv social relations
Marchant, Alexandre. "L'impossible prohibition : la lutte contre la drogue en France (1966-1996)". Thesis, Cachan, Ecole normale supérieure, 2014. http://www.theses.fr/2014DENS0049.
Between the mid-1960s characterized by the sudden upsurge of new patterns of drug addiction within the Youth (1966: first media frenzy about LSD) resulting in the new prohibitionist Act of 1970, et the mid-1990s pointing out the generalization of harm reduction strategies (1996: institutionalization of opiates substitution treatments), the dissertation highlights the making the social, health and political problem of drug abuse, through the public policies, often influenced by the international frame of the “war on drugs”. The thesis focuses on the evolutions of uses, trafficking and public policies. It addresses the issue of prohibition: how is socially and publicly constructed the scandal that legitimizes THE prohibition ? Who are the stakeholders who defined it “from the top” (politicians, parliamentary committees, medical experts) and those who enforce the law “on the bottom” (police officers, judges, physicians)? What are the social consequences of this enforcement (increased criminalization of drug smuggling, stigmatization of drug users) ? How the system is contradicting itself between its repressive and care aspects ? This research is based on various archival materials: ministerial archives (Interior, Justice, Heath, Youth and Sports, National Education, Prime Minister’s administration, Inter-ministerial mission for the fight against drug and drug abuse – MILDT), parliamentary archives, private archives, contemporary printed sources, medias, INA archives…
Venouil, Alexia. "Une politique des murs : décision de construction de prisons et politiques pénales au Canada et en France (1980-2005)". Thesis, Grenoble, 2014. http://www.theses.fr/2014GRENH046.
What is it that drives a country, at some point in history, to make a choice to increase its custodial capacity and to realise a ‘policy of walls'? To answer this question, this thesis develops a comparison between two countries which, in this respect, have followed very different paths: Canada and France. Although it is often claimed in social science literature that the decision to build prisons was a response to specific political circumstances, very few studies have documented empirically the interplay between the policy-makers responsible and the institutional framework within which such choices were determined. This thesis aims to begin to eliminate this lacuna. Drawing on the sociology of decision-making, we have conducted analyses of the structures underlying prison reforms and scrutinized the actions of those members of the political class involved in the process, including the variety of policy advisers involved in the formulation of penal policy. Particular attention has been drawn on the circulation of ideas in decision-making milieux. Drawing on a combination of penal statistics, institutional archives, ‘Grey Literature' in penal policy from 1980 to 2005, as well as semi-structured interviews conducted with public officials from both countries (and at both levels of government in the case of Canada), the thesis highlights the views those involved in the implementation of reforms to the criminal justice system referred to when establishing specific penal policies' programmatic content. The type of problems defined by public officials, the role played by public safety issues in the political culture of both countries and openness to delegating solutions to reform-minded civil servants mostly account for changes in prison capacity. Finally, it is contended that it was the composition of the decision-making milieux taken together with the propensity of elites to absorb participants from differentiated sub-sectors (interests groups, consultants, academics, etc.) that are sufficiently institutionalized to influence the decision-making process), that explains the differences in prison building policies between the two countries
Grégoire, Ludivine. "Les mesures de sûreté : essai sur l'autonomie d'une notion". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1056.
At the moment, two forms of penalties oppose and complement each other: a classic shape and rétributive, the sentences, and a more modern and essentially preventive shape, the safety measures. These two criminal punishments, if they do not possess either the same foundations, or the same objectives, are nevertheless sometimes difficult to differentiate. The question of the relationships which they maintain is recurring but with regard to the constant increase of the number of safety measures in the penal law for these last years, it deserves from now on an answer. The latter will be brought in the form of the notion of autonomy which will on one hand allow to identify clearly safety measures and on the other hand to clear a set of more or less specific rules intended to clarify their legal regime. In this way, the legitimacy of the existence of safety measures can be confirmed
Dufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.
Ginet, Magali. "Etude d'une nouvelle technique d'audition destinée à améliorer les souvenirs des témoins : l'entretien cognitif". Clermont-Ferrand 2, 1998. http://www.theses.fr/1998CLF20001.
The purpose of this thesis is to study the cognitive interview, a new technique designed to improve eyewitness memory at the time of examination, or, in other words, to increase the quantity of correct information recalled by the witness without a corresponding increase in errors or confabulations. The theoretical introduction begins by a critical analysis of procedures used by police officers. The two theoretical foundations of the cognitive interview are then exposed : notions of context and script, followed by a review of litterature on the cognitive interview. An another technique of memory improvement is also studied, the cognitive encoding, wich employs several strategies of the cognitive interview applied at the time of encoding. The introduction is followed by the presentation of six experiences carried out in order to test the effectiveness of cognitive interview and cognitive encoding. The first experience, involving police officers, demonstrates the effectiveness of the cognitive interview in a field perspective. The second one confirms the effectiveness of both the cognitive interview and the cognitive encoding, and the complementarity of the two techniques. The third one demonstrates once again the effectiveness of the two techniques in more controlled methodological conditions and in presence of negative emotion. The fourth one explores the effectiveness of each mnemonic components of the cognitive interview and the cognitive encoding. The fifth one examines specifically the effectiveness of the mental context reinstatement technique as a function of the presence of negative emotion and the semantic relation between the emotion and the critical event. The sixth one examines the effectiveness of each components of the cognitive interview as a function of subjects' expertise level in consideration of the critical event. Theorical and pratical implications of results obtained in this work, wich demonstrate a significant effectiveness of the cognitive interview, are then discussed
Rouidi, Hajer. "Les listes d'infractions : étude en droit pénal français italien et international". Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3011.
The thesis analyses the utilization of enumeration through the "listing of crimes" as a legislative technique in criminal law. Such a method of legislative drafting was used historically in bilateral conventions, specifically in the area of extradition, but nowadays it is heavily employed in criminal law to delimit the scope of application of exceptional rules. Aiming at providing a rich and solid base of knowledge in a domain that is rarely studied, this work reviews various systems and legal orders. As such, the resort to "listing of crimes" will be examined in international criminal law as well as in French and Italian criminal law. Being a tool to select a group of crimes in order to treat them differently than the common crimes, the listing technique serves the needs of aggravated or innovative repression. In that regard, the "listing" technique is not only considered as a means of legislative drafting, but its political function is also analyzed. The utilization of this technique is assessed in the light of the expected as well as the verified results. The extension of an existing "list of crimes", a normal consequence of resorting to enumeration, is found to be positive in some cases but more or less criticized in other cases where legislatures deviate from the original reason for which this drafting technique has been elaborated. Examined from the perspective of the fundamental principles of criminal law, namely the principle of legality and the principle of proportionality, the usage of this technique is appraised. The respect of these two primordial principles constitutes the ultimate solution proposed for any deviated resort to "listing of crimes" as a legislative tool
Rahmani, Tabar Mohsen. "La protection pénale des libertés et droits fondamentaux de la femme. : Étude comparée Iran-France". Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10050.
We observe significant differences in the criminal protection of fundamental rights and freedoms of women between Iran and France. These dissimilarities are derived from fundamental differences in the definition of concepts of human rights based on the perception of the world in Islam and secularism. These differences affect the legal implementation of the human rights of women in the national and international level. France has affirmed its commitment to the DDHC by its adoption in the French constitutional bloc. It has acceded to most international and regional instruments on human rights, prevention of violence against women and discrimination against women. It is committed to implement the ratified international treaties and to internalize through the mechanism provided by the Constitutional Code. Iran claimed the Constitutional Code; all laws must be consistent with Islamic requirements. We studied the incompatibility of Islam with certain rights enshrined in the UDHR and other international instruments including the Convention on the Elimination of All Forms of Discrimination against Women. The French Criminal Law in relation to Iranian penal protection of women clearly identifies the criminal policy in the struggle against violence against women and discrimination through criminalization and punitive responses in this regard
Ferracci, Ange-Bernard. "Evaluation comparative de l'expertise psychologique et psychiatrique : vers une méthodologie systématique de l'évolution". Phd thesis, Université Toulouse le Mirail - Toulouse II, 2012. http://tel.archives-ouvertes.fr/tel-00797850.
Eyenga, Georges Macaire. "Politiques pénales et enfermement carcéral au Cameroun : socio-anthropologie de la punition en contexte de démocratisation". Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100028.
To repress the crime that threatens its internal security, every society invents punitive mechanisms based on shared values, beliefs, and representations. This was the case of the invention of the prison-model in Europe in the 18th century, an established form that upsets the economy of punishment while affirming its ability to travel elsewhere. Considering the criminal prison as a « traveling model », this thesis analyses its role and its place in state building and state management in Cameroon. It attempts to objectify two fundamental questions on the socio-anthropology of prison confinement: « why » and « how » is this model mobilized in the context of democratization? To answer this question, the analysis focuses on the historicity of penal and penitentiary policies. This study discusses the penal shock of the colonial moment, the re-appropriation of the prison by the postcolonial state, the advent of democracy and its impact on punitive manners. In that respect, the analysis focuses on the construction of the criminal state in a context of emergence of what is perceived as a « risk society ». It therefore reflects the context of insecurity and counter-reactions by the state, international organizations and local associations. Finally, the analysis examines the relationship between the prison and the free society and in doing so, addresses the social problems that undermine it, other areas of justice production, as well as the social and political functions that it fills. The findings, which emerge from this research, reveal the need for contemporary societies to reinvent punishment