Tesis sobre el tema "Responsabilité pénale des fonctionnaires"
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Ntsama, Michel. "La responsabilité pénale des agents publics au Cameroun". Electronic Thesis or Diss., Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Texto completoOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Brault-Jamin, Vincent. "Les élus et fonctionnaires territoriaux devant la justice pénale". Poitiers, 2000. http://www.theses.fr/2000POIT3002.
Texto completoNtsama, Michel. "La responsabilité pénale des agents publics au Cameroun". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Texto completoOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Jaoul-Le, Mouel Sonia. "La corruption et la responsabilité pénale des élus". Montpellier 1, 2000. http://www.theses.fr/2000MON10072.
Texto completoMartel, Céline. "Les détenteurs de pouvoirs d'autorité et le droit pénal : essai sur une responsabilité pénale du décideur". Nice, 2004. http://www.theses.fr/2004NICE0060.
Texto completoThere is no penal responsibility for the decision maker. Several regimes modes coexist. The public decision makers, among whom the President of the Republic, the ministers or the members of Parliament, enjoy derogatory provisions to the common right protecting their functions. The company manager has the delegation of powers to exonerate his penal responsibility. This cause of no imputability, applied to all the decision makers, melts a penal responsibility for the decision maker superimposing himself on the existing modes. The decision maker is then distinguished from the only holder of capacities of authority power
Luquet, de Saint Germain Caroline. "Contribution à l'étude de la responsabilité pénale non intentionnelle des décideurs". Montpellier 1, 2006. http://www.theses.fr/2006MON10015.
Texto completoFalzoï, Alain-Raphaël. "La pénalisation des fonctions électives et des hautes fonctions de l'Etat : Causes et répercussions". Corte, 2007. http://www.theses.fr/2007CORT1041.
Texto completoIn the French social regulation system the place of justice has constantly been increasing, always dedicating itself to the punishment of the guilty individual but never really making up for the harm that has been done. The strength of criminal law has settled on the ground of the French administration under the media trends to simplify and trivialize our justice around its coercive basis. Thus, Criminal law fills the existing void as far as other forms of responsabilities are concerned (political, administrative or civil). Over a decade, decision-makers from the public sector (from the small town councillor to the heads of the state) have been sued for a range of charges concerning whether voluntary underhand acts or unintentional but reckless decisions. Thanks to its oblique capacity , Criminal Law tends to become a cathartic place where supposedly difficult subjects can be run. It reintroduces individual responsability in the process of the socialization of risks. A certain politicization has begun, it tends misinterpret the burst of the independence of the law as an impetuous and insidious compsition of a governement of judges, thus arousing the old battle for legitimacy between the judges and the elected representatives. Tracking down impunity could not prevent a durable immunity and the permanence of special courts of law, which led to a movement of decriminalization so as to counter some dishonest attacks on the one hand and a juridical parallel-when people were asked to vote-on the other. On the one hand, criminal law is a consequence of the relation of subordination between decision-makers and the magistrate's authority and the other it is a means of protection for those who have taken part in this repressive turn on behalf of the heads of society. Hence, is criminal law to be taken as a part of a public policy whose goal is to deal with poor running of its representatives ? Or is it a private claim from the individual who can’t stand their shorcomings and their lack of integrity any longer ? Can the clause of responsability of the heads of the state always be submitted to the mode of enforcement of a repressive law ? Can criminal law interfere in the field of political action ? Is it legitimate and lawful ? These are our questions
Marc, Emmanuelle. "Le pouvoir disciplinaire dans la fonction publique en France et en Allemagne". Grenoble 2, 2002. http://www.theses.fr/2002GRE2A001.
Texto completoEliard, Frédéric. "La responsabilite penale des elus locaux dans la gestion deleguee du service public d'eau et d'assainissement". Reims, 2000. http://www.theses.fr/2000REIMD007.
Texto completoGuigui, Julien. "La loi pénale et les titulaires des fonctions publiques : essai critique sur la dénaturation polémique des débats entourant l'application du droit pénal aux agents publics et élus". Cergy-Pontoise, 2009. http://biblioweb.u-cergy.fr/theses/09CERG0407.pdf.
Texto completoThe continuous acceleration of technical progress and the criminalisation of social relations were two of the most characteristic features of the last century. This evolution did not spare the domain of administrative proceedings. Nevertheless, the difficulties linked to the application of criminal law to civil servants and elected representatives only really come into play in the assumption that the substance of the moral element likely to serve as a medium for criminal sanctions is weak. Such criminalisation of behaviour which is sometimes based more on simple maladministration than on anti-social dealings is fraught with consequences. For holders of public office, it leads especially to the appearance of self-defence strategies which often result in a retreat of public services as well as that of local democracy. The legislator has tried to offset these deviations on two occasions. But the movement of criminalisation of public proceedings, at its most excessive, is accompanied and encouraged by part of legal doctrine, especially criminal doctrine. The latter, by vigorously professing the idea according to which respect for the principle of equality left no other choice to national representation than that of adopting laws of general application, weighed considerably on debate surrounding the adoption of the laws of 13 May 1996 and of 10 July 2000. The effectiveness of these measures suffered considerably as a result of this fact. The views of advocates of that which Professor Olivier BEAUD calls “the ideology of common law” are hinged mainly on three erroneous axioms: a questionable definition of equality before criminal law, negation of the unique nature of missions carried out by holders of public office and the affirmation of substitutability of criminal liability with political responsibility. All three have led to the serious controversial denaturing of discussions in relation to these difficult issues. This thesis tries to seek the causes of this denaturing by carrying out a systematic exploration of the evolution of criminal law applicable to holders of public office from the Ancien Régime until today (Part One). This historic study of the evolution of substantive law and the legal doctrines associated, provide several clues allowing us in particular to understand the origin of the notion of substitutability of criminal liability with political responsibility or even to explain why the problems linked to criminal prosecution of involuntary offences have only appeared relatively recently. It especially brings to light the influence of the memory of the system of prior authorisation to prosecute on current-day debate. The study of substantive criminal law (Part Two) highlights the fact that concerning voluntary offences, holders of public office have always been the subject of specific accusations aimed at protecting the correct operation of the public services of which they are in charge. They therefore indisputably make up a distinct category of recipients of criminal law to which special rules apply. Such an observation radically contradicts the dominating doctrinal positions from 1996 and 2000. It suggests that it would not only be possible but also crucial to adapt criminal prosecution of involuntary offences to the specificities of the situation of holders of public office. Such is the position defended in this thesis. For the lack of having been definitively settled by the law of 10 July 2000, the issue of the application of criminal law to civil servants and elected representatives will necessarily be raised again before the national representation in the years to come. By contributing to exorcising the old demons of Article 75 of the French Constitution of the Year VIII, we hope that this critical essay will contribute to the fact that this Constitution is debated more serenely and on an exact scientific basis
Ghazo, Elie. "Les relations entre les actions disciplinaires et pénales à l'encontre du fonctionnaire civil en France et au Liban". Thesis, Rennes 1, 2017. http://www.theses.fr/2017REN1G014.
Texto completoWhen public civil servants engage in misconduct, which hinders the proper conduct of public duties, the Administration is entitled to exercise disciplinary action against them. In this way, the Administration controls, compensates or neutralizes the deviations likely to harm the public action and its image. Logically, the procedures for the exercise of disciplinary powers vary according to the state, in accordance with the provisions of each civil service. It is rare to find absolute conformity between the various disciplinary systems. The purpose of this thesis is to compare and identify the characteristics of the disciplinary action applicable in the civil service in France and Lebanon, bringing the latter action closer to criminal action. It is thus necessary to observe to what extent the general principles governing criminal prosecution can provide elements for the improvement of the disciplinary system, whether French or Lebanese, by making it more equitable
Bottini, Fabien. "La protection des décideurs publics face au droit pénal". Le Havre, 2006. http://www.theses.fr/2006LEHA0009.
Texto completoIn the late 20th century, politico-financial scandals and the contaminated blood case formalized the opposition of the public opinion to the immunity-impunity granted to rulers viewed as "liable” but “not guilty”. The recurrent controversy over the legitimacy of the immunities given to the representatives of the nation or their officers was thus rekindled. As the law does offer some guarantees of impartiality to ordinary citizens to be tried, the question is whether it does not provide enough protection for authorities. In that case, should public deciders benefit from increased protection against criminal law ? The answer depends or whether the case is considered from the standpoint of the democratic logic or the representative one. While the former recommends subjecting government officials to criminal law as the expression of the general will, the latter makes it legitimate to apply exceptional arrangements to them. How does substantive law settle the question? Has public law chosen either logic ? Does the specificity of the offices involved not entitle government officials to some immunities ? Are such immunities not likely to promote the drift of popular representation toward oligarchy ? To what extend can they be reconciled with democratic values ? This thesis will attempt to answer such questions
Bénéjat-Guerlin, Murielle. "La responsabilité pénale professionnelle". Bordeaux 4, 2010. http://www.theses.fr/2010BOR40061.
Texto completoRousseau, François. "L'imputation dans la responsabilité pénale". Bordeaux 4, 2007. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247100118.
Texto completoImputation is a term usually used by the penal doctrine to indicate a particular penal responsability mechanism. Nevertheless its legal meaning can vary from one author to another. However, we agree to define the term "imputation" as the allocation of a fact or a thing for one person so that he/she is held responsible for it. Translated into the penal responsability law, this generic definition suggests "imputation" as part of the entire legal mechanism which allows to attribute and blame for infrigement directly to the agent. A research study on the content of such a concept allows, first of all, to better know the nature of the various legal institutions which relate to it, in order to propose a coherent reading. Then, it outlines the interest of questioning connections between both cardinal notions of the general criminal law the infringement and the responsability
Mastagli, Julien. "La responsabilité pénale de l’employeur". Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0334.
Texto completoEmployer criminal liability: what for? Why has the lawmaker supplied labor law, as a field of law, with criminal norms for a long time? What is the purpose of such liability? What do the employees expect from it? These questions are full of careless assumptions likely to create optical illusions. This notion of employer criminal liability appeared only recently, since such terminology has been enshrined in 2008 with the labor law codification. Before, it was a company manager criminal liability. Are these two notions synonym? Not at all. The company manager is a natural person, leading an organization or an institution. The employer is either a natural or a legal person, party to the employment contract. The employer is entitled powers at the basis of their liability. The logic that concerns the company manager is other. More generally, how may the employer criminal liability be seen? This vision cannot be neither consistent not unequivocal, because of the deep evolutions that occurred. This criminal liability was originally developed according to a model created in the context of the 19th century industrial revolution and the enshrinement of the first social laws. This model has both criminal and civil liability mechanisms and its own mechanism, which contributes to the autonomy of the model. It was built on a common ground: the figure of the employer. This model has been someway questioned for some years now, because of the illegibility of its sources, the complexity of its proceedings, the law rate of convictions, and its incompatibility with general principles of criminal law along with its inability to seize neither the power issue within the company nor the relationship between businesses. On the way, the paradigm seems to fall into crisis. That is when employer criminal liability struggled its way to an emerging alternative model. This alternative model is hemmed both from a reshaping of the power within the company and the reconfiguration of the imputation link, driven by the goal of a better labor law effectiveness, as at its origin. Emphasizing this change implies unfolding - without being dogmatic - the question of the labor criminal law functions - and through it, the employer criminal liability. By a folding and unfolding trend, the peculiarity of this liability will be highlighted, that is its own function, with respect to other ways of imputation, in terms of working relationships. Where does the criminal liability fits in this field of law, with respect to the other systems of liability? Does it have some specific role to play? If so, which one(s)? On these answers depends the sense - or the nonsense - of the employer criminal liability
Boulanger, Aliénor. "Restructurations sociétaires et responsabilité pénale". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10052.
Texto completoDuring its existence the company may have to restructure to respond to the needs of its evolution. Whether the result of a willingness to adapt, to extend or the result of difficulties, the operations performed are likely to alter the corporate structure, and therefore the fate of criminal liability. The purpose of this thesis is to study the mutual influence of corporate restructuring and criminal liability. It can’t be denied that there are some difficulties to articulate corporate restructuring and criminal liability. So it is essential to study the system of criminal liability that the company will be subject to, and then consider the final process, from the perspective of the criminal liability too. Once criminal liability impact on companies restructuring is determined, impact of companies restructuring on the criminal liability must be investigated. Some restructuring have no impact on the company criminal liability, while others can destroy this one. This is one of the main issues of company criminal liability because of the company can avoid the criminal liability in restructuring. Consequently, this study should leads to propose solutions to remedy the imperfections of companies restructuring in application of criminal liability
Vilon, Guezo Gérard Hervé. "Responsabilité pénale du dirigeant : regard critique". Thesis, Orléans, 2016. http://www.theses.fr/2016ORLE2091/document.
Texto completoThe criminal liability system of the leader disconcerts by the originality of the legal mechanisms allowing itsimplementation. That responsibility reveals insufficiencies as well on the level of the incrimination as ofrepression. Whereas first is affected by serious conceptual and functional deficiencies, the second isdissociated by a doubly perceptible preeminence. The latter appears, on the one hand, by wideningunceasingly crescent of the sphere of repression, like by the multiplication of the potentially responsibleactors. Repressive excess is illustrated, in addition, by the reduced place booked with impunity. It appears,indeed, which the leader can only very exceptionally call upon usefully the objective and subjective causesof irresponsibility of common right, these last being generally, either misfit, or equipped with an impactlimited in its connection. The restriction of impunity in addition seems corroborated by the quasiimprescriptibilityof certain infringements aiming it. This criminal policy basically centered on repressionappears ineffective, even against-productive. Also, a critical analysis of the criminal responsibility of theleader makes it possible it to raise the insufficiencies of them and to underline contradictions of them. Itresults wondering about the appropriateness of repression in criminal law of the business and in redefiningon more coherent bases the criteria having to control the recourse to the penal sanction with regard to theleader. Such a redefinition makes it possible to operate a redeployment of repression towards civilalternatives to repressive or regulating purpose
Deloffre-Vye, Frédérique. "La responsabilité pénale du chercheur scientifique". Poitiers, 2000. http://www.theses.fr/2000POIT3005.
Texto completoMistretta, Patrick. "La responsabilité pénale du délinquant écologique". Lyon 3, 1997. http://www.theses.fr/1998LYO33001.
Texto completoRenaud, Durand Pascale. "La responsabilité pénale du chef d'entreprise". Montpellier 1, 1994. http://www.theses.fr/1994MON10025.
Texto completoShalbi, Gehad. "La responsabilité pénale du dirigeant d'entreprise". Paris 1, 2004. http://www.theses.fr/2004PA010281.
Texto completoTéani, Audrey. "La responsabilité pénale du fait d'autrui". Bordeaux 4, 2007. http://www.theses.fr/2007BOR40040.
Texto completoThe principle according to which criminal liability is personal, is generally preferred to the principle of criminal liability for damage caused by another. The study of criminal liability for damage caused by another is however relevant as this rule neither general nor opposed to any form of criminal liability for facts caused by another. To this extent, this expression points at a plural reality. On the one hand, from the point of view of its foundation, because criminal liability for damage can be subjective or objective. On the other hand, from the point of view of its functioning, because criminal liability caused by another can be indirect or direct. Criminal liability for damage caused by another is therefore a plural reality of criminal law that does not require any large reforme to exist. It is only necessary to acknowledge its existence
Calvo, Élodie. "Accidents de masse et responsabilité pénale". Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0323/document.
Texto completoIn times of consumerism and mass production, news has provided us examples of technological, sanitary and environmental disasters which have required criminal law. Nevertheless, criminal law doesn’t seem to be perfectly adapted to the reality of mass accidents.In one hand, it appears that the resultant of mass accidents is an assault to a group of people, goods and environmental elements affected by one single harmful event. However, considering that one of the criminal law principles is the indifference to the number of victims, the massive aspect of the mass accident is not taken into account as a resultant of the offence. Thus, these accidents can only be punished by the means of general offences. However, due to the difficulty of establishing the causal link, those offences are not easy to identify. Indeed, such damages are often caused by multiple factors, which leads us to another question about the causal sequence of events and about the certainty of each cause.In the other hand, about repression, mass accidents are often caused by legal entities, which leads us to another difficult question: the criminal liability of societies and enterprises. In the same way, mass accidents are often the resultant of private or public-decisions-makers’ actions or omissions; their link to the offence can follow various rules. The punishment for those massive accidents, especially for the environmental ones, is also a difficult question; therefore, it is necessary to adapt criminal sentences to the specificities of those situations. Eventually, the main question remains the one about the evolution of criminal law, that needs to take into account the collective dimension of massive accidents, notably by creating specifics offences
Park, Kyune-Seung. "Etude comparative de la responsabilité administrative en Corée, au Japon et en France". Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32012.
Texto completoIt seems that the law of administrative responsability in korea and in japan on the one hand and in france on the other hand demonstrates more differences than similaritys. The explanation for this is based on two points. First, the influence of civil law and of german law at the time when the law of the responsability of the state in korea and in japan was being developed and secondly, the differences in the respective juridictions : judiciary in korea and in japan, administrative in france. But the detailed comparative research in this study shows that currently these traditional differences must be reduced especially concerning the japanese law and the french law. Moreover, the evolution of the korean and japanese law of administrative responsability is gradually progressing towards a greater similarity with the french law. Our study does not acknowledge certain positions of the judicial precedent and of the doctrine of these three nations with regard to : the base of administrative responsability, the concept of fault, the legal nature of the responsability for fault by the administration and the nature of the law of administrative responsability
Dubois, Charlotte. "Responsabilité civile et responsabilité pénale : à la recherche d'une cohérence perdue". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020066.
Texto completoStudying two separate disciplines, such as Civil and Criminal liability, it would not be expected to find any interactions between them: Civil Law repairs the damage caused to private interests; while Criminal Law punishes, thereby ensuring public interests. These differences in purpose justify a hierarchy of disciplines resulting in the supremacy of Criminal Law over Civil Law. However, it will be shown that the legislature and the judge are going in the wrong direction by considering that there is a difference of degree between Civil Law and Criminal Law where there is actually a difference in nature. This incorrect assumption has given rise to a widespread confusion where each discipline takes ownership of the considerations of the other: Civil Law becomes punitive, while, at the same time, Criminal Law becomes increasingly compensatory. The present work aims to denounce a double danger: first, Criminal Law abandons its protective function of public interests when it attempts to repair purely individual damages; second, a punitive Civil Law, detached from the fundamental safeguards that are attached to criminal matters, may prove to be a threat to individual freedoms. This cross-movement between the two disciplines jeopardizes the consistency of their respective systems: reciprocal influences must be revealed in order to better understand the weaknesses of legal liability and to propose remedies that ensure a consistent and complementary arrangement of legal rules
L'Hôte, Vincent. "La responsabilité pénale des membres des exécutifs". Nancy 2, 2001. http://www.theses.fr/2001NAN20009.
Texto completoColomb, Coralie. "La responsabilité pénale des professionnels de santé". Nice, 2004. http://www.theses.fr/2004NICE0045.
Texto completoThe study of the penal responsibility of health personal combines jurisdictional responsibilities and medical laws. Recently, suiting health personal like doctors or medical assistants has provoked a debate. The lawyer observes indeed a paradox when it comes to the suiting mechanism; application of the medical responsibility regime is opposed to the complexity of medical acts. This conflict of interest between patients and their doctors, each part being responsible of their rights and duties, is very specific to the penal medical law. Suiting medical personal concern imprudent acts that have provoked a corporal injury and sometimes death of the patient. Indemnisation of medical prejudices seems to be admitted and favoured by the legislator. It works in a civil process or in a both-part deal. That fits new patients' expectations. Excesses in penalisation of medical faults come from responsibility issues: penal fault and causality link with the damage. The penal exposure is copied on the court-suiting model. More favourable to the victims, repression is an open alternative for the patient, but its practical and conceptual contradictions have to be precise. Excessive repression of medical damages has theorical and legal causes. It has consequences on suits as the proof regime is eased. A better definition of faults in the medical law would allow conciliation of health personal, patients and the society's interests. Without making doctors "untouchable", the law must adjust an acceptable penal frame for all actors in the system
Behloul, Zoubir. "La responsabilité pénale en droit français et algérien comparés". Paris 2, 1994. http://www.theses.fr/1994PA020056.
Texto completoGarrigue-Guyonnaud, Bertrand. "Le devoir de désobéissance de l'agent public". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D088.
Texto completoThe duty of disobedience of the public official is envisaged as constituting a legal obligation, that is, as a "social technique" serving a number of policy choices. The thesis proposes to build analytical tools that can produce a general topography of the object in la and in the discourse on the law. It must identify and clarify a number of issues raised by the existence of this type of object in positive law sometimes obscured by the intuitive relationships that we imagine it has with fundamental moral questions. To do this, the research thesis specifically implements an analysis of the functions, structures, and criteria for implementing the obligation in domestic law, international criminal law and foreign national law. The study then shows the diversity of existing obligations, reveals certain dynamics of the doctrinal and contentious debate, and finally confirms the impossibility of "essentializing" the object. It makes it possible to envisage a proposal for modification of the existing systems in domestic law
Lapérou, Béatrice. "Responsabilité civile et imputabilité". Nancy 2, 1999. http://www.theses.fr/1999NAN20001.
Texto completoImputability, a factor that constitutes civil liability beside damage offence and causality assumes a nature which is both subjective and objective. This causal connection that enables to know the person responsible from the generating fact of the damage reveals man's place in the civil liability mechanism. The analysis of the evolution of civil liability in the eyes of imputability reveals the close connection between these two concepts and the problem raised by their gradual parting. Imputability used to hold a place of outstanding importance in the way in which the responsible person was designated. Nowadays three logics coexist: when we look at imputability from a moral and material point of view, it enables compensation as well as repression and prevention. It is split up in the cases of parties, body corporates, professionals liabilities and in the cases of general liability due to things and people. The suppression of its moral feature has enabled to involve the unequal persons ‘liability and has led to an extension of the notion of custody which is the foundation of the indirect liabilities. Then, only the theory of risk can explain such solutions. Imputability has been entirely suppressed by the creation of cases of rightful liabilities and by the renunciation of the non-imputability causes such as the case of absolute necessity (the infected blood case). In these assumptions, it is impossible to keep the true meaning of the word 'liability' and only the theory of guarantee can justify the irrefragable nature of the liability presumptions. This evolution is due to the development of the systems of collectivization of risks (assurances, guarantee fund, national health)
Mauro, Cristina. "La responsabilité pénale des groupements dans l'espace international". Paris 2, 1999. http://www.theses.fr/1999PA020002.
Texto completoSaatsaz, Mehrad. "Responsabilité civile, pénale et fiscale des dirigeants sociaux". Paris 1, 2005. http://www.theses.fr/2005PA010274.
Texto completoMadanat, Nafis. "L' évolution de la responsabilité civile du fonctionnaire en droit français : 1873-1984". Clermont-Ferrand 1, 1985. http://www.theses.fr/1985CLF1D026.
Texto completoReinaldet, Dos Santos Tracy Joseph. "La responsabilité pénale à l'épreuve des personnes morales : étude comparée franco-brésilienne". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10025/document.
Texto completoThe criminal liability of the companies exists in French criminal law and in Brazilian criminal law. In these legal systems, it has raised a number of dogmatic problems. These dogmatic problems could be summarized in the following question: how could we adapt the theory of infraction and the theory of criminal responsibility to the peculiarities of the companies? This question is the central point of this work which seeks to analyze the movement of harmonization between criminal law and companies. In this analysis, our study was divided into two parts. In the first part, we will analyze the adaptation movement that was carried out by criminal law, in the sense of adapting some concepts to the intangible nature of the company. In the second part, we will examine the creation movement that was conducted by criminal law, in order to create new legal concepts, which were designed especially for the companies
Serratrice, Brigitte. "La responsabilité pénale des personnes morales dans le nouveau code pénal". Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32025.
Texto completoThe criminal responsibility of juristic persons established by the new french penal code has often been presented by the authors and the members of parliament as a novelty. First, in a theoric way, it is true that it calls in question the traditional conception of the juristic person which becomes by a juridical artifice the potential perpretator or accessory of a criminal offense, and can notably suffer the various and specific punishments prescripted by the new penal code. Nevertherless, that novelty is limited by elements of foreign laws, the french law prior to the new french penal code, and the way that the principle has been formulated. In practice then, the carrying into effect of the criminal liability of juristic persons will be possible for many offenses, and adaptations of procedure have been done. The disposition presents otherwise advantages as concerns some serious offenses (pollution, counterfeit. . . ) but can also be dangerous sothat the new penal code has maintained the penal responsibility of guilty natural persons. In conclusion, the criminal responsibility of juristic persons could be a convenient tool, but the judge will have to use it prudently
Morales, La Mura Raúl. "Essai sur une sociologie institutionnelle : la fonction publique territoriale". Metz, 2002. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2002/Morales_La_Mura.Raul.LMZ0202.pdf.
Texto completoVincent-Comte, Sandra. "Le principe de la responsabilité pénale personnelle : réalité ou fiction?" Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/in/theses/2005_in_comte_s.pdf.
Texto completoDelas, Audrey. "Les personnes morales de droit public parties au procès pénal". Nice, 2012. http://www.theses.fr/2012NICE0041.
Texto completoUnder the principle of separation of administrative and judicial authorities, only the administrative judge should be competent when the dispute concerns a legal person of public law. Nevertheless, the criminal law procedure and penal code integrate these abstract entities. It is expressly provided since the promulgation of the 1994 penal Code, legal responsibility of legal persons of public law. However, both in substance and in form the existing legislative arsenal does not seem adapted to the specific legal entities of public law. In addition, these entities are not only authors, speaking at public action but also actors in the civil action. On one hand, they may be defendants in civil actions. Indeed, the Authority may be called collateral for offenses committed by officials as a result of a lack of service. However, the case for intervention are very rare since the principle is the incompetence of the judge to judge on the civil administration because of the principle of separation of administrative and judicial authorities. On the other hand, the legal person of public law may assume the role of plaintiff. However, the plaintiff is seeking redress or revenge. A legal person of public law does not seem legitimate to seek revenge as an abstract entity or to seek redress for a violation of his feelings. In each of the roles it can hold the legal person of public law seems to find its way with difficulty
Effa, Joseph Pierre. "La responsabilité pénale des ministres sous la Vème République". Bordeaux 4, 2005. http://www.theses.fr/2005BOR40006.
Texto completoSaint-Gérand, Valérie. "La culpabilité dans la théorie de la responsabilité pénale". Lyon 3, 2000. http://www.theses.fr/2000LYO33031.
Texto completoMohamed, Elsayed Kamal Eldin. "Le problème de la responsabilité pénale des personnes morales". Paris 1, 1988. http://www.theses.fr/1988PA010251.
Texto completoOthmane, Khaled. "L'imprudence pénale et ses liens avec la responsabilité civile". Paris 8, 2007. http://www.theses.fr/2007PA083567.
Texto completoThe interest of the study devoted to the penal offence of carelessness, which is common to us because the most of the accidents happening in daily life involved in one, has in fact, aroused a resurgence of the interest since the Law of July 2000 which tended to precise the definition of the offences committed unintentionally. Henceforth, there is a hierarchy of offences from an ordinary offence to one characterized or deliberated; moreover depending on it’s a direct or indirect principal. For all that, does it really have a link between the degree of the offence and the characters of causality? Does the penal offence have the same nature with the civil offence? Is the causality reduced to a simple articulation between a fact that the generates a new legal situation and an jury, or does it hide other functions ignored from now like the one which revealed the real existence of the offence which revealed the real existence of the offence which is source of the penal and civil responabilities?
Garcia, Ducros Isabelle. "Responsabilité pénale et faute non-intentionnelle du praticien médical". Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD021/document.
Texto completoIn a society where the issues of health are prominent, the doctor-patient bond is now desecrated as the load of responsibility bearing on the activity of medical practitioners has not stopped growing these last decades.Exercising within a complex and technical social order that puts a principle of intangibility on the human body, simultaneously purpose and object of medical practice, the penal responsibility of medical practitioners may be engaged even if the penal fault was non intentional.Yet, in spite of the particularism of the medical activity, and whilst we could fear a phenomenon of judicialisation which could lead medical practitioners to be more often in the forefront of the repressive judicial system, the penal responsibility of the medical practitioner who has committed a non-deliberate fault is engaged according to common rules and the principle of a non-deliberate guilt that represents an exception in criminal law.In terms of penal responsibility, not only do we look for someone responsible of a fault, but also the culprit guilty of a crime or an offence.This observation raises the question: does a medical practitioner, pursued on the basis of a non-deliberate médical fault leading to the death or injury of his / her patient, have the faculty to foresee the judicial consequences and to effectively organise his / her defence.The study of this issue highlights an insufficient text, interpretative by nature, based on a non-deliberate guilt in which the moral element, theoretically necessary to fully characterise the offence, is a legal fiction.De facto, one can therefore query the very essence of guilt in case of a non-intentional offence.Thus, fragile in its principle and questionable in its wording, common criminal law relative to a non-deliberate fault has led to an exorbitant responsibility placed upon medical practitioners.Research has put forward evidence of a contingent of praetorian law with components of non-deliberate faults, and notably the causal components through a jurisprudential approach which is not only pro-active and creative but also liberated from the text.The analysis also reveals an apprehension of the penal medical fault which would depend on the medical expertise, substantially legitimate, but considered illegitimate from the criminal proceedings point of view as it is deemed insufficiently contradictory.These two characteristics of the judicial apprehension of the medical penal fault could allow us the possibility to envisage a legal evolution
Marini, Gilles. "La gestion du risque pénal par les entreprises privées". Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32022.
Texto completoThe new french penal code founds the criminal liability of the incorporated bodies. This new statute creates a hierarchy between vicarious liability and the criminal liability of the incorporated bodies. The manager has to assume the criminal risk in his daily administration. He has to fit up a decentralisation of power in the enterprise by delegation of authority. This decentralisation goes with a joint-management. The purpose is to part, the incorporated body from its manager who made the offence in order to attenuate its guilt and to avoid an economically maladjusted penalty. In fact, his administration requires human and financial resources. So only big firms will be able to fight with criminal risk. In the case of a small firm, the manager has to try to attenuate his own liability by arguing about a "general policy of the enterprise", new case of criminal irresponsibility
Ramsewak, Shamila. "La vie privée des fonctionnaires". Paris 13, 2011. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2011_ramsewak.pdf.
Texto completoAboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Texto completo« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Rias, Nicolas. "Aspects actuels des liens entre les responsabilités civile et pénale". Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_rias_n.pdf.
Texto completoOnce merged, civil liability and criminal liability have been clearly distinguished for the first time in the Code des délits et des peines, of 3 brumaire an IV. This distinction relied on the necessity to separate two aims: compensation on the one hand, and punishment on the other hand. These two aims were clearly related to the two liabilities, the first being the aim of civil liability and the second the aim of criminal liability. However, the current links between civil liability and criminal liability no more correspond to the reasons for the early distinction. Indeed, these current links point to two contradictory evolutions, and only one of these evolutions fit with the distinction set down in the Code of 3 brumaire an IV. Thus and quite understandably civil liability and criminal liability are governed by two set of rules which are more and more different. However and paradoxically, both of them tend to develop subordinate functions which create new links between the two liabilities
Hers, Serge d'. "Norme pénale et groupements sportifs". Limoges, 2001. http://www.theses.fr/2001LIMO0485.
Texto completoJulitte, Florence. "L'approche pénale de la folie". Paris 10, 2004. http://www.theses.fr/2004PA100189.
Texto completoTerro, Khodor. "La responsabilité pénale des personnes morales dans les droits français et libanais : suggestions au législateur libanais". Poitiers, 2010. http://www.theses.fr/2010POIT3004.
Texto completoLebanese law has always recognized the criminal responsabilities of the legal entities. The terms of article 210 have existed since the indtroduction of the first Lebanese penal code in January 1944. The source of this responsibility appeared in laws from article 89 paragraph 7 and 116 paragraph 2 of the bill proposing the modification of the French penal code of 1934. Since that date the simple, yet relatively vague terms of article 210 have not been amended. In return, the French legislature waited until 1994 to integrate this responsability into article 121-2 of the penal code. This article has since undergone numerous modifications. I am attempting to bring propositions before the Lebanese legislature in the light of the rich experience of the French parliament by avoiding errors of interpretation of Lebanese law and basing these suggestions on the results obtained through my jurimetrics study carried out on the level of the Lebanese jurisprudence