Tesi sul tema "Fraude boursière – Lutte contre"
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Bellezza, Amélie. "Analyse comparative des systèmes français et italien de lutte contre les abus de marché". Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0319/document.
Testo completoFinancial scandals have been increasing since the past forty years and reaction from media and public opinion prove the more and more apparent intolerance towards this peculiar offences. The interest of european authorities in this matters reveal this intolerance too. European regulations and directives in this field are more and more: on the one hand, in order to strengthen the prevention of market abuse by raising publicly accountable on issuers financial instruments ; on the other and, in order to tighten up punishment of market abuse and to consolidate the harmonisation between the Member States of European Union, including France and Italy. As a result, there is an accumulation of norms, rather similar in both national legal order, at least with regards to financial information, but legal framework is not always intelligible. As for punishment, criminal penalties are successfully integrated beside amministrative penalties. The dual market abuse repression has been rejected by european courts, then by Constitutional Counsil, but suppress the one or the other form of punishment doesn’t seems to be appropriate. On the contrary, a distribution of competences between criminal courts and administrative authorities seems to be judicious and necessary. The topics of criminal liability of legal persons has been brougth sharply into focus of european market abuse legislation : while italian national legal order has already integrate the requirements of European Union, french system of criminal liability of legal persons appears to be in jeopardy. Finally, the many rules of market abuse prevention and repression deployed by european, french and italian authorities, prompt also to suggest a common model of compensation for market abuse damages, in order to ensure consistency of system of fight against market abuse. This consistency seems to be reflected in the creation of conditions and terms rules for compensation of market abuse victims in the Membre States of European Union : these rules should refers to the determination of the nature of the injury and the determination of the amount of compensation awarded
I scandali finanziari si sono molteplicati nei quaranta ultimi anni e le reazioni dei media e dell’opinione pubblica dimostrano l’intolleranza sempre più patente nei confronti di questi reati peculiari. Traduce anche questa intolleranza il fatto che le autorità europee si interessano molto a questi problemi. I regolamenti e le direttive non cessano di molteplicarsi : da una parte, al fine di rinforzare la prevenzione dei reati borsistici tramite un aumento degli obblighi in materia di informazione finanziaria a carico degli emittenti ; dall’altra parte, al fine di accrescere la repressione nei confronti dei reati borsistici e di consolidare l’armonizzazione tra i diversi Stati membri dell’Unione europea, quali l’Italia e la Francia.Da quei fenomeni, risulta un’accumulazione di norme piuttosto simili tra i due ordinamenti giuridici, almeno per quanto riguarda l’informazione finanziaria. Tuttavia, il quadro normativo non appare molto accessibile. Quanto alla repressione, le sanzioni penali hanno ritrovato un posto accanto alle sanzioni amministrative. Benché il sistema repressivo del doppio binario sia stato rimesso in causa di recente dalle corti europee, e poi dalle corti nazionali, non sembra opportuno sopprimere l’una o l’altra via. Al contrario, una distribuzione delle competenze tra giudici penali ed autorità amministrative appare auspicabile e necessaria. La responsabilità delle persone giuridiche è anche stata messa il luce in modo esplicito e trattata nelle recenti riforme europee : mentre l’ordinamento giuridico italiano è già conforme alle esigenze istituite dal diritto dell’Unione europea, il sistema francese di responsabilità penale sembra minacciato.Per finire, il numero di regole di prevenzione e di repressione attuate dalle autorità francesi, italiane ed europee, incitano anche a proporre un modello comune di risarcimento per le vittime di reati borsistici, affinché la coerenza caratterizzi l’insieme del sistema di lotta contro gli abusi di mercato. Tale coerenza sarà possibile grazie alla creazione di condizioni e di modalità di indenizzo simili in tutti gli stati membri dell’Unione europea, in particolare con riferimento alla natura del danno subito e alla determinazione dell’ammontare del risarcimento consentito
Souvignet, Thomas. "L'expertise et la lutte contre la fraude monétique". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020091.
Testo completoEvery year, payment card fraud exceeds 1.5 billion euros in Europe. Organised crime groups are exploiting any vulnerability possible to take a piece of this lucrative activity. Even though the five principal entities in the payment card industry (cardholders, issuers,acceptors, acquirers and payment system providers) are implementing binding security measures through out standardized systems and networks, fraud continues to increase. Efforts by the state, industry collaboration, and individuals have been unsuccessful in decreasing criminal advances. Having analysed the elements of payment card fraud, this thesis proposes several actions (passive, reactive and proactive) to help improve the fight against this fraud. First, itis relevant to gain knowledge of the source of the card details and not to focus only on its reuse. Next, forensic assessment has to be improved, for example by developing an increased scientific understanding of the technology. Such an expertise should then be passed on to investigators through effective training and knowledge transfer. Investigations should also be made more dynamic with reactive operations conducted in concert by investigators and technicians. Finally, in an ideal proactive spirit, future investigations and assessments should be oriented and facilitated by studying and influencing current payment card technology developments
Villabona, Jairo. "La Lutte contre la fraude fiscale : le cas colombien". Rouen, 2015. http://www.theses.fr/2015ROUED006.
Testo completoThe fiscal collection in Colombia is very low, this situation causes the resources available to the State are insufficient to provide all the social needs. Tax fraud is one of the reason of low tax collection, and it has multiple causes, some of them are economic and social of the country and others are inadequate fiscal management and a weak control. From multiple sources of information, the thesis makes a characterize about the tax fraud and it elaborate an index called and weighted index of propensity to Tax Fraud - IPPFF which allows to give a diagnosis of those aspects that should be improved to reduce tax fraud. The final results in this research are supported by extensive work, for doing interviews with experts and officials from the tax authorities of Colombia and for doing surveys to officers. In addition to progress in this research we did a review of the technical documents related to tax planning and tax fraud between 1971 and 2013 the Inter-American Center of Tax Administration, also with all of international organizations like the World Bank, BID, OCDE, CEPAL, ONU and others produced by experts in this topic. Finally it was found that the main causes of tax fraud in Colombia are related to corruption, lax laws, informality, obsolete information systems, the large fiscal benefits, lack of international cooperation and understaffed
Bibal, Romain. "La lutte contre la fraude et l'évasion fiscales internationales". Toulouse 1, 2009. http://www.theses.fr/2009TOU10052.
Testo completoWhereas crisis and recession clamp down on the economy, the battle against international tax evasion and fraud has become a priority, from a political as long as an economical point of view. The tax legislator, well aware of the actual specificities of this new battle, such as the burden of the proof, has provided the tax administration with comprehensive anti tax-evasion means. The compliance with supranational (conventional as well as communautary) rules has nonetheless resulted in technical difficulties, that can no longer be ignorated by the tax legislator and that call for appropriate answers. As a paradox, international tax law, often the cause of internal anti evasion proceedings ban, winds up being necessary on a larger scale. The efficiency of anti tax-evasion measures can only be achieved with the resort to international tax cooperation and international tax law, both capable of providing the local administrations with appropriate tools. However, despite structural deficiencies, international tax cooperation is principally restricted by the non commitment of a certain number of states and territories, generally referred to as tax havens. In spite of past failures, a general agreement seems to have been reached by the great countries, with the view to putting an end to tax heavens legal opacities
Bel-Ramon, Roxanne. "La répression duale des abus de marché". Electronic Thesis or Diss., Université Côte d'Azur, 2024. http://www.theses.fr/2024COAZ0035.
Testo completoMarket abuse offences, which are rarely taught in law school lecture theaters, can appear to be highly specific, particularly opaque and reserved for a particular social class, or even an elite. As they relate to finance, they may give the impression that they are not accessible to everyone. However, their study shows the opposite: not only can anyone be the author of them, but they are also the subject of fertile litigation, within which progress is remarkable. They even constitute the laboratory for a European penal policy. Concerned with ensuring the security and integrity of a single market, European Union law exerts a very strong influence in this area, which on the other hand has certain drawbacks. Increasingly permeable to fundamental rights, litigation concerning market abuse is constantly evolving. The influences are, in fact, multiple: international, European, constitutional, administrative, judicial.... Each standard and each body contributes its stone to the edifice of tomorrow's criminal law, within which a common law of sanction is emerging. The law of June 21, 2016 has thus reshuffled the deck in terms of the organization of litigation, with a primary division between criminal and administrative sanctions, which until now had obeyed a cumulative logic. Now that they are alternatives, their distribution suffers from shortcomings. In the light of criminal law and the economic analysis of law, this thesis proposed to study the complexity of these relationships between repression. The approach used was to observe and then propose. This approach led to the observation that the foundations justifying the coexistence of two repressive measures converged, as did the very content of market abuse offences. As a result of the harmonization brought about by European Union law, the behaviours covered by both administrative and criminal law are perfectly identical, even though a similarity was possible long before. Notwithstanding a few organic divergences relating to the penalties incurred, the present study had to conclude that there was almost perfect convergence. It was therefore necessary to question the maintenance of this repressive duality, which is what the present study has attempted to do. In the second line of research, it was therefore a question of highlighting the largely insufficient distribution operated by the law of June 21, 2015, in particular of the referral mechanism and what it entailed. The present study thus set out to demonstrate that the convergence observed with regard to the repressive foundations and content of market abuse needed to go even further. More than convergence, it is in fact confusion. Under the weight of the requirements of criminal law, administrative repression tends to melt into the penal mould. In this way, the common law of sanction transcends organic boundaries and goes beyond them: administrative repression becomes fundamentalized. This rapprochement once again raises the question of their continued relevance. In an economic and fundamental approach, the present study takes a new look at the repression of tomorrow
Abadie, Laurence. "La lutte contre la fraude à l'assurance est-elle efficace ?" Toulouse 1, 1998. http://www.theses.fr/1998TOU10051.
Testo completoThe principal purpose of this thesis is to propose an economic analysis of insurance fraud. More precisely, the analysis focuses on three aspects of the fraud problem. The objective of the first chapter is to show how the inability for insurers to commit into a credible audit strategy contributes to deteriorate the insurance system. In a no-commitment setting, it appears that each agent's strategic behavior affects in an unexpected way the optimal insurance contract. Two main results are obtained; first, we show that the form of the optimal insurance contract is independent from the fact that the policyholder is audited or not. And second, it appears that if the audit cost is high enough, then the optimal contract entails over-insurance. In the second chapter, the audit is supposed to be imperfect. Assuming that insurers (or auditors) are not unfailing, we suppose that errors may arise in the auditing process. The insurer can fail to detect fraud or he can make mistake by rejecting a justified claim and can penalize unfairly an honest policyholder. The analysis reveals that the effect of the sole first type of error (missing to detect fraud) doesn't affect in a consequent way the form of the optimal insurance contract. But because the policyholder is risk-averse, the possibility of being fined by mistake introduces a supplementary risk that can make the policyholder reluctant to declare his damage. Considering this new possible strategy, it has been necessary to determine the different possible equilibria resulting from the strategic behaviors. We show then that the possibility of being unfairly fined allows to solve the no-commitment problem by making credible the audit threat. The third and last chapter deals with the audit efficiency when policyholders arc heterogenous in their audit perception. The insurance market is supposed to be competitive with two types of policyholders. Some of them over-estimate the audit likelihood whereas others under-estimate it. The purpose of this chapter is then to understand how this heterogeneity affects the relationship between an insurer and his policyholders. It seems that it can be optimal to deter only the more pessimist policyholders, letting the optimist ones defrauding systematically. We then introduce the competitive aspect. When insurance companies are not able to distinguish policyholders, they face an adverse. .
Bonneville, Antoine. "Droit fiscal et lutte contre la criminalité". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010251.
Testo completoThe study of the reality of crime shows that it has essentially an economic purpose. The financial aspect can also be a significant one, especially in the case of terrorism. However, the response to crime takes very little account of the economic reality of the crime and is, historically, based on criminal punishment. The tax law is in concurrence with the criminal law. In regard to this observation, it becomes necessary to change the response to crime in order to better meet this reality. Among the existing means, the tax law is representing several advantages, including the fact that it is conceptually directed to fight illicit financial flows, whether they are of criminal origin or not. If the body of law related to the fight against crime is not tax law oriented, the few existing cases show that it has a significant contribution, including the capacity of the tax administration (even though it is under-used) in research on information flows. The fight against crime could become much more effective if the paradigm of criminal law had changed. This change could be achieved by adopting an economic approach, like the approach and means used in the case of tax evasion. Whether seeking economic sanctions rather than criminal, or dealing with the criminal environment as a whole
Bechtold, July. "Les dérives de la politique de lutte contre la fraude fiscale". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1012.
Testo completoThe raise of means aiming to struggle against tax evasion threats fundamentals liberties for taxpayers. Indeed, the strengthening of tax repressive measures marks on more step in the state's intervention and seems to justify a generalisation of suspicion against taxpayers. Furthermore, the reinforcement in tax inspector's power mostly used through resort to judicial power isn't exempt from danger. It results in justifying violation of private life and illegal entry only based on presumption of tax fraud. Taxpayers are also exposed to tax authorities abuses and do not have necessary the means to face those abuses. As a public administration, tax authorities are supposed to work for general interest as defined in their mission to both collect taxes and sanction defrauders, but on the other hand they also benefit from an irrefragable presumption of fairness, which results in an attenuated liability. Indeed, rare are the case where the breach of duty from tax authorities is pushed forward by the judges. Moreover, when the judicial machine supplies the shortages of tax Authorities, the respect of equal weapon's principle seems more theoretic than efficient. Tax inspectors act more and more under pressure to get results and budgetary profits, to the detriment of individual freedom and presumption of sincerity. It's in this context that for years, tax authorities have been trying to change their image to present themselves as an administration of service, which main purpose is to encourage amicable settlement of tax litigation
Ouedraogo, Séni Mahamadou. "La lutte contre la fraude à la constitution en Afrique Noire francophone". Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40008/document.
Testo completoThe objective of this study is to review the state of the fight against fraud in the constitution that hinders the process of democratization in francophone Africa. These show that the strengthening of democracy and the rule of law has encouraged the emergence of new uses of the constitution in most African states. The leaders who have internalized the constraints of constitutionalism reject more and more by the use of legal devices that are very difficult to fight on the field of law. This is so because the fraudster to the formation always takes care to comply with the letter of the constitution to fight his background.However, are emerging at national, regional and international synergy of actions of some judicial institutions, and social policies aimed at combating acts of public authorities, taking on the appearance of constitutional legality, the upsets. To do this, those involved in the fight against fraud do not hesitate to draw the normative system which is revealed in its inadequate implementation, the means to identify and punish. Review the actions conducted against fraud reveals rare success. The failures that lead to the consolidation of democracy in Africa, the fight against fraud in the constitution must be central control of the constitutional court
Jousset, Damien. "L'emploi des présomptions dans la lutte contre la fraude et l'évasion fiscales internationales". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D079/document.
Testo completoIn order to struggle efficiently against tax avoidance and tax evasion tendencies, enhanced by offshore jurisdictions, often lacking transparency, and tax havens with their attractive conditions, the lawmaker has enabled rebuttable and conclusive presumptions to be used in suing cases. These legal tricks favour Tax administrations in winning the argument, since those are no longer required to bring compelling evidence of tax avoidance or tax evasion. It is enough to prove a fraud, an offence or an aggressive tax optimisation process with one or several connected facts. In practice, the lawmaker is often using strengthened standards on presumption to reverse the burden of proof onto the taxpayer, who therefore must provide evidence for any exemptions from responsibility regarding the alleged offence or abuse. To improve these tools efficiency, the lawmaker has also designed conclusive ( or irrebuttable) presumptions. Usual presumptions are characterised by their emphasis on anti-abuse clauses, which oblige taxpayers to bring stronger evidences in lawsuit. For Tax authorities, these are part of a legal arsenal using connected facts against the defensor who carries the burden of proof related to tax monitoring operations in the absence of abuse of rights
Razafindratsima, Liliane. "Contrôle et pilotage de la performance : cas de lutte contre la fraude fiscale malgache". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010067/document.
Testo completoSince the reference model was developed by Allingham and Sandmo (1972), the problems linked ta tax evasion and particularly ta the relationship between the reasons for tax compliance, and the amount of declared income have often been studied. The taxpayer's decision depends primarily on the amount of his real income, on the tax rate, on the probability of control and on the amount of the fines in the case of identified fraud. However, other parameters more psychological than economical arc also taken into account ta identify the social climate in which the taxpayer evolves, the use of their tax contributions by the government, the social norms, or simply the awareness of the duty taxes in order ta support public projects and fiscal publicspiritedness. These facts have not yet been taken into consideration in developing countries like Madagascar. Tax evasion is linked to the incapacity of tax authorities to ensure full control of the system due to a lack of means as well as phenomena such as com1ption, the increasing presence of the informal sector and the influence of the political decision makers. Empirical studies have shown that Value-Added Tax remains the most defraudcd tax by taxpayers and that the annual lasses due to tax evasion are exorbitant, totaling around € 203 million from 2007 to 2009 in the centers participating in the survey
Laumonier, Alexandre. "La coopération fiscale entre Etats dans la lutte contre la fraude et l'évasion fiscales internationales". Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0762.
Testo completoTax fraud and tax avoidance are as old as tax itself. Economy’s globalisation and digitalazation have however confronted States with the limitations of their tax power that remains dependant on their territorial boundaries. More recently, the 2007-2008 financial crisis has drawn the attention of the public opinion on the extent of international tax fraud and avoidance as well as on the key role tax heavens play in this frame. The traditional and conventional legal tools States can use have reached their limits in the field of detection of potential risky tax’s situations, exchange of information as well as collection assistance. Some States are willing to revive, on an worldwide level, the international tax cooperation, so as to curb massive budgetary losses they either undergo or consent to. These measures, which are based on « soft law » or on real right rules, are lead by the OECD and the European Union in order to face two main purposes. The first one deals with tax transparency whereas the second one tackles with base erosion and profit shifting towards States and territories with low or nil tax levels. The analysis of these attempts to amend international tax rules leads up to question about the used methods, the regulation’s content and their perspectives. While facing the lacks of « tax nationalism », it is necessary to wonder about the relevancy of globalising taxes themselves through both their basis and their rates
Bouhafa, Mohamed. "Paiement électronique. Le secteur bancaire entre l'adoption de l'innovation et la lutte contre la fraude". Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0001.
Testo completoThis research work explores innovative methods to fight fraudulent activity in electronic payment in the Tunisian banking sector, more specifically it aims to investigate the interrelation between the strategy of relationship marketing and the various involved parties: the individual, the bank and the merchant and their impact on the intention of employing electronic means of payment in Tunisian banks. The main objective of this work is to construct an integrative model, which illustrates the relationship between the customer's behavior and the factors, which lead to the adoption of electronic payment methods and fight against fraud. On the theoretical level, our research hopes to contribute to the improvement of the security foundations for the various stakeholders as well as the development of electronic payment methods. On the practical level, the aim of this study is twofold: (1) it contributes to the research on the innovations in the field of e-Payment (2) It values the link between the variables of the relational MKG, the adoption of innovative method and the fight against electronic fraudulent activities in the banking sector. Our adopted research strategy follows a quantitative approach based on the hypo-deductive reasoning method. The approach is carried out in three stages: an exploration stage, a confirmation stage and finally a complementary stage. Our analysis of the different stages demonstrates that commitment has a significant impact on the intention to employ the means of payment, as it has been already suggested by previous research studies. The research, however, suggests an integrative model which combines variables that have previously studied separately. Thus, the perception of the quality of electronic service (Netqual) and trust have a significant impact on the consumer's commitment to the use of electronic means online. Hence, a successful revamping of the strategy of relationship marketing should underscore the role of satisfaction, trust, and commitment as key variables in the quality of interactions
Domingo, Bruno. "Douanes et gouvernement de la sécurité : étudier le policing et le champ de la sécurité par ses marges". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10044/document.
Testo completoTraditionally, contemporary states rely on the police and the military, which are wellidentified sectors and policy instruments to ensure their security in both internal and external dimensions. However, by focusing their attention on the military and police sectors, political science researchers have very often failed to consider other organizational dimensions and other policy areas that have played a role, perhaps less directly identifiable, but nevertheless fundamental in this area. The customs are part from this category. Often apprehended and reduced to its function of economic protection, the customs sector was nevertheless widely mobilized in the government of security. Based on a predominantly socio-genetic and comparative analysis (articulating national, European and global scales), our work wants to explore this issue further by showing how the customs sector has been an instrument in redefining the governance of security implemented by States and regional political and economic groups over the last thirty years. Our approach seeks to contribute to a better understanding of security assemblages and the construction of the field of security. By focusing on the transformation of customs rationalities and reference standards for controlling transnational flows and on the hybridization between customs and police sectors, we will show how customs have been "policiarized" without nevertheless giving up their organizational and sectoral autonomy
Planche, Nicole. "Fraudes et violences dans la France de Louis XIV : la lutte contre la fiscalité indirecte, 1685-1715". Paris 7, 1991. http://www.theses.fr/1991PA070005.
Testo completoBrunet, Cécile. "La protection des intérêts financiers des Communautés Européennes : pour une nouvelle dimension de la lutte contre la fraude". Lyon 3, 2003. http://www.theses.fr/2003LYO33032.
Testo completoMontagné, Philippe. "La lutte contre la concurrence fiscale dommageable : approche comparée de l'OCDE et de l'Union européenne". Nice, 2008. http://www.theses.fr/2008NICE0021.
Testo completoGlobalization of the exchanges created on the tax's level a lot of distortions between States. Some of them use it to attract capitals. This phenomenon of Harmful tax competition is in the middle of the debates within OECD and European Union. These Institutions in order to fight against this drift established some modes of identification and standstill of the existing practices. Having each one an own objective, it appears a lof of convergences but also of differences in the implementation of the fight. Institutions have only juridically limited means to apply their decisions. These interetatic organizations having to face the practices of their own members must sensitize the States with this problem. Within this framework and to avoid an interference, each State must accept international rules as much as it condemns his neighbors. The labor of Organizations is, consequently, to make States cooperate with them and between them
Levine, Pierre. "La Lutte contre l'évasion fiscale de caractère international en l'absence et en présence de conventions internationales". Paris 1, 1986. http://www.theses.fr/1986PA010293.
Testo completoBossy-Taleb, Myriam. "Recherche sur la fraude en droit administratif : contribution à l'étude de l'acte obtenu par fraude". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0103.
Testo completoFraud is a concept that is an integral part of the standards of our society. It is a notion that is related to human nature. Everyone agrees to recognize it as a universal and perpetual phenomenon. In practice, it is found in all branches of law. However, there is no conception of the fraud theory which is specific to the administrative law. Then, our study proposes to apprehend this phenomenon through the administrative act obtained by fraud. As We noticed the notion of fraud appeared late in administrative jurisprudence, the present study was first devoted to clarify its outlines by distinguishing and delimiting other neighboring concepts. A systematic sanctioning principle that allows the administration to revoke the perpetually fraudulent administrative act has been introduced. The nature of the act obtained by fraud has thus been specified
Noblet, Alexandre. "La lutte contre le contournement des droits nationaux en droit communautaire : contribution à l'étude de l'abus de droit communautaire". Rouen, 2004. http://www.theses.fr/2004ROUED001.
Testo completoThe objective of a Single Market implied a contradiction between the Community rules on free movement and the national politics. But the growing ascendancy of the EU law on the national laws induced private persons to create false-conflicts in order to circumvent internal dispositions. The exercise consists in introducing an artificial cross-border element in the situ-ation in order to benefit the free movement regime. The European institutions have reacted in recognizing legitimate interests which Member States may have to preventing certain of their nationals, by the means of the facilities created under the Treaty, from attempting wrongly to evade the application of their national legislation. By this way, they have put the debate at the level of the national law and focus their attention on the legitimity of the national legislation to apply and not on the illegitimity of the exercise. Such an approach is inadequate because it is the negation of the European connection's artifice and of the individual intentions. The best solution to solve the problem is to consecrate a general principle of abuse of rights
Bourgeois, Aline. "Les sanctions répressives dans le système français de Sécurité Sociale". Bordeaux 4, 2010. http://www.theses.fr/2010BOR40062.
Testo completoAlthough repressive sanctions exist in all the branches of law, they mainly conjure up a vague concept part of the legal standards one easily has an idea of without actually being able to provide a precise definition. Doctrine agrees to consider that such a sanction is a measure characterized by a punitive intention designed to repress a faulty behaviour. Because they have been, for a long time, regarded as ascribed to the judge, it's only around thirty years ago, that repressive sanctions have benefited from specific rules. To be more accurate, the Constitutional Council has extended the warranties granted to the person subject to trial because of penal proceedings, to all the sanctions withn a punitive nature, even to those delivered by a non jurisdictional authority. Consequently, the proposed study offers a dual interest : on the one hand, it illustrates the diversity of repressive sanctions specific to the french social security system and the difficulty to identify the repressive purpose of many of them ; on the other hand, the determination of the repressive sanctions affords their confrontation to the rules of the sanctions of punitive nature which points out that efforts are still necessary to the person taken to court the application of a just and justified sanction and to allow (her) to exercise a protest recourse in the total respect of his (her) rights
Mahler, Vincent. "Les instruments français de lutte contre l'évasion fiscale internationale des entreprises à l'épreuve du droit communautaire et des conventions fiscales". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30018.
Testo completoThe scope of french legislation on international tax avoidance is very wide. Although this legislation permits to fight against tax haven, tax administration can use this legislation against companies which are set up in EU countries. Furthermore, these countries might have signed international tax treaties with France. So, french legislation against international tax avoidance must be compatible with international tax treaties and not contravene European community law. Even though international tax treaties allow for this legislation to be applied, European community law doesn't secure its perenniality. More specifically, french legislation might contravene to free circulation of persons, provisions of service or assets
Theodore, Emmanuel. "La politique de lutte contre la déviance fiscale dans le contexte de crise internationale". Thesis, Reims, 2017. http://www.theses.fr/2017REIMD011.
Testo completoThe public finance crisis of 2008 led to a proliferation of public revelations by the media of tax avoidance behavior. International mobilization demonstrates the limit of national legal action.This thesis proceeds from the principle that the legal scope of tax evasion becomes limited and penal repression is insufficient. Public policy is now focused on tax deviance, which is a broader notion and representative of the reality of the phenomenon of circumvention of mandatory levies. Measures adopted to combat fiscal arrangements contribute to budgetary performance because of the challenge of filling public deficits.The thesis is therefore based on the demonstration of the difficulty of determining even reprehensible behavior and on the limit of penal repression. This part begins with the difficulty of apprehending the texts and the weakness of the criminal prosecution. It relies on statistical texts, and revelations from private organizations.Second, the demonstration of the importance of recovery, which is manifested by the organization of the speed of payment of the tax and the limitation of contentious actions. This part relies more on the testimonies of agents, judges, associations
Jetha, Fahranaz. "Une nécessaire harmonisation internationale de la lutte anti-blanchiment". Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0031.
Testo completoThe transposition of the 3rd European directive published in 2005 dealing with anti-money laundering in French law bas taken effect since the 2009 order on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. It is a fundamental text for any professional subject to the anti-money laundering plan of action. The introduction of the notion of proportionality in the duty of care conf ers a real flexibility on the transactions control regime. This transition from an inflexible control to a new control based on the risk presented by the operation may however raise concems. Is this "risk approach" not hazardous according to excesses it might lead to? Do the new measures imposing adjustable obligations depending on the risk of laundering prove to be more satisfactory theoretically speaking? Are they more effective in practice? Are they compatible with the other obligations the professionals - actors of the fight against money laundering - are required to comply with? Moreover, to what extent was the transposition of the European directive retained by the French criminal law the only possible transposition or, at least, the most relevant. Is the real solution not to be found in the adoption of an international money laundering incrimination? ln other words, it is not just a question of standardizing European and even international legislations but also of unifying these legislations and creating a new criminal offence in the intemational criminal law, an offence accompanied by specific procedural regulations
Larroche, Émilie. "Le traitement fiscal des sociétés étrangères : étude de droit français". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0622.
Testo completoGlobalization made the borders porous between the states which have to adjust themselves to a new economic reality. Thus, internationally oriented companies now have endless opportunities but are also faced with tax systems that sometimes converge and sometimes differ. Even in the European Union, the process of harmonization of laws does not lead to a common tax system. Faced with this imbroglio of rules and diversity of tax systems, companies, often far from being lead by nationalist feeling, start looking for the fiscal lowest bidder. Taxation becomes a major challenge for States that have to lay down rules which are sufficiently clear in order to respect the principle of legal certainty, to be competitive enough to attract capitals and repressive enough to eradicate fraud. However, the tightening of fiscal prerogatives, guided by the perpetual search of public revenues as well as by moral concerns of justice and equality regarding taxation, should not inevitably result into the denial of rights and guarantees of taxpayers. The eternal challenge is to find the appropriate balance between the interests of all parties involved
Rycx-Tekaya, Aude. "La fraude et l'évasion fiscales : regards croisés France et Emirats Arabes Unis". Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20012.
Testo completoAlthough the matter is old-dated, the Governments have focused their attentions on tax evasion and tax avoidance since the 2008 financial crisis,. Facing a major crisis with dramatic aftermaths, the governments have become aware of the urgent need of an efficient action. Considered as a major stake, the fight against these practices is now taking a new scale. Until now the tax evaders benefited from a certain leniency but the recent scandals which broke are questioning the tax havens, that are associated to the raging crisis and gave them quite a different face. Many States, which until then balk at cooperating about tax matters, were obliged to do so in front of the growing international pressure. Our study demonstrates that the tax havens are not the only responsible to the crisis. The tax evasion and tax avoidance problem must be thought in a global frame. The theorization of the notions of tax evasion and tax avoidance, will allow us to understand the reasons and the consequences of these practices. The example of the United Arab Emirates will put into light the reasons that make certain territories real attractive poles for companies and individuals. It will be noticed that these reasons aren’t fiscal only. Due to globalization, the States can’t nowadays react anymore in a national and isolated way. The answer owes to be global and broadly discussed.Thus, after having studied the tools used by the tax authority to fight against these harmful practices, we will see how the tax authority is trying to pursue its goal without being prejudicial to the rights and the guarantees of the taxpayer. Keywords : tax, tax evasion, tax avoidance, tax investigation, taxpayer protection, tax heavens, offshore, relocation, free zone, the United Arab Emirates, fight against tax evasion and tax avoidance
Courtois, Cynthia. "Une étude de l'arrière-scène de la fraude contemporaine et de l'expertise antifraude : jeux de coulisses, silences et esquives". Doctoral thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/28362.
Testo completoFraud is often perceived as the “modern crime par excellence”. Media coverage and growing interest in the public sphere regarding the phenomenon have generated a plethora of studies on the matter. Although these studies helped to produce general theories such as the fraud triangle theory, these studies nonetheless tend to view the question of fraud through a single angle of analysis – focusing either on the fraudster, the organizational context, or the advocated method of intervention. In addition, few studies have sought to analyze the social constructions underlying fraud by relying simultaneously on concepts excerpted from different analytical angles (e.g., individual / context) – whereas the use of such “analytical bricolage” could have produced a more complete picture of the phenomenon under study (and often a very different one from what was initially expected). Seeking to address this weakness, each article of this thesis relies on concepts associated with distinct analytical angles – which will be juxtaposed along a dichotomy analysis approach. The use of this method of analysis sometimes leads to results quite different from those already documented in the literature. The first article of this thesis aims to better understand the process leading to the adoption of deviant behavior. Through an analysis of the testimony of two key actors involved in an immense collusion scandal brought to light by the Charbonneau Commission, this article, which proposes a simultaneous analysis of the individual and the context, wishes to highlight the idea that the mechanisms currently deployed by the state to counter fraud are limited because they do not take into account the societal and cultural nature of the fraud. The aim of the second article of this thesis is to study how the Association of Certified Fraud Examiners (ACFE) sought to gain legitimacy as a group holding professional expertise in prevention and detection of economic fraud. Through a concomitant study of the frontstage representations provided by the leaders of this association to promote its legitimacy, and the reception of these representations by ACFE members who attend the “show”, this article wishes to argue that legitimization partly depends on the audience remaining silent about the discrepancies between the show put on by the Association and the audience’s perceptions of fraud-fighting’s backstage realities. This appears to be particularly true when the spectators enjoy recognition and other benefits as a result of their own involvement. Finally, the last article of this thesis examines how antifraud experts are socialized through discourse conveyed to them as part of their training, and through the cognitive representation they develop of the discourse, relying on their sense of organizational “reality”. Ultimately, my analysis indicates that while reputational risk is a major issue in the eyes of anti-fraud experts, their professional response in addressing this risk is questionable in light of professional ethics.
Résumé en anglais. Fraud is often perceived as the “modern crime par excellence”. Media coverage and growing interest in the public sphere regarding the phenomenon have generated a plethora of studies on the matter. Although these studies helped to produce general theories such as the fraud triangle theory, these studies nonetheless tend to view the question of fraud through a single angle of analysis – focusing either on the fraudster, the organizational context, or the advocated method of intervention. In addition, few studies have sought to analyze the social constructions underlying fraud by relying simultaneously on concepts excerpted from different analytical angles (e.g., individual / context) – whereas the use of such “analytical bricolage” could have produced a more complete picture of the phenomenon under study (and often a very different one from what was initially expected). Seeking to address this weakness, each article of this thesis relies on concepts associated with distinct analytical angles – which will be juxtaposed along a dichotomy analysis approach. The use of this method of analysis sometimes leads to results quite different from those already documented in the literature. The first article of this thesis aims to better understand the process leading to the adoption of deviant behavior. Through an analysis of the testimony of two key actors involved in an immense collusion scandal brought to light by the Charbonneau Commission, this article, which proposes a simultaneous analysis of the individual and the context, wishes to highlight the idea that the mechanisms currently deployed by the state to counter fraud are limited because they do not take into account the societal and cultural nature of the fraud. The aim of the second article of this thesis is to study how the Association of Certified Fraud Examiners (ACFE) sought to gain legitimacy as a group holding professional expertise in prevention and detection of economic fraud. Through a concomitant study of the frontstage representations provided by the leaders of this association to promote its legitimacy, and the reception of these representations by ACFE members who attend the “show”, this article wishes to argue that legitimization partly depends on the audience remaining silent about the discrepancies between the show put on by the Association and the audience’s perceptions of fraud-fighting’s backstage realities. This appears to be particularly true when the spectators enjoy recognition and other benefits as a result of their own involvement. Finally, the last article of this thesis examines how antifraud experts are socialized through discourse conveyed to them as part of their training, and through the cognitive representation they develop of the discourse, relying on their sense of organizational “reality”. Ultimately, my analysis indicates that while reputational risk is a major issue in the eyes of anti-fraud experts, their professional response in addressing this risk is questionable in light of professional ethics.
Bonnet, Delly. "La procédure de flagrance fiscale : entre incertitudes et déséquilibres". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1049.
Testo completoIntroduced as a new weapon in the fight against tax fraud, the tax flagrancy procedure instituted by article 15 of the French amending finance law for 2007 and codified into article L. 16-0 BA in the French tax procedure code shows a break with the tracking means given until now to the tax administration's officers because it allows them to intervene before any declaratory obligation, to guarantee the recovery of possible debts arising from tax audit and to punish, in the same time, deviant taxpayers. This original process which claims to relieve the corrupt practice of some short-lived companies created for a fraudulent purpose and destined to disappear quickly, before any deadline requirements, participates in the criminalizing phenomenon of tax law observed in recent years. If the scope of procedure is strictly defined by law, the fact remains that the imprecise nature of the legislation leaves several interrogations about the implementation and effectiveness of the method. The procedure's lack of autonomy could raise some dissuasive difficulties. All the more so as the establishment of the flagrancy report involves, besides conservatory seizures without any court order, the loss of preferential treatments, an extension of powers of tax authorities and penalty tax. However both courses of action, specifically created by the legislator to entitle taxpayers to apply to an administrative summary proceeding judge after the event, are insufficient compensations
Le, Gall Rémi. "L’économie des dispositifs de vérification de l’information : une approche expérimentale". Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0014/document.
Testo completoEconomics of complete contracts foresees that within an agency relationship of a productive organization, in the presence of moral hazard, an information check device can address both a problem of cooperation between individuals and a problem of coordination of activities. However, instead of disciplining opportunistic behaviours, this device can generate hidden costs and reduce the intrinsic motivation of agents to perform an activity that has been assigned to them. Under certain conditions, it generates a reduction of the outcome, and a loss in terms of allocation, which is detrimental to efficiency.In this Ph.D. thesis, we conducted three randomized controlled field trials that aimed at modifying the configurations of the information check device to solve an organizational problem specific to three specific agency relationships.In our first chapter, we tested the effect of varying the amount of information held by contributors on the social reporting verification device through targeted messages containing explanations of the control power of the Agence centrale des organisations de sécurité sociale (Acoss) in order to reduce social fraud.In our second chapter, we tested the reduction in the intensity of the electronic monitoring of the performance of advisors of an outsourced call centre in order to improve their quality of life at work.Finally, in our third chapter, we tested the effect of the contractual negotiation of the device which evaluate the participation of undergraduate students during the tutorials in order to improve their success at the university
Delavallade, Clara. "Corruption publique : facteurs institutionnels et effets sur les dépenses publiques". Phd thesis, Université Panthéon-Sorbonne - Paris I, 2007. http://tel.archives-ouvertes.fr/tel-00189596.
Testo completoEnfin, sur la base de ces résultats et de la littérature, nous proposons une lecture critique du processus de réforme de la gestion budgétaire au Burkina Faso, et nous montrons que la lutte contre la corruption au niveau budgétaire se heurte notamment à un contrôle peu efficace et à une insuffisante répartition des pouvoirs.
Bombard, Arthur. "Les effets du Foreign Account Tax Compliance Act sur l'ingénierie financière internationale". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0487.
Testo completoThe Foreign Account Tax Compliance Act is an American law spawned by the Hiring Incentives to Restore Employment Act enacted by the 111th Congress of the United-States on March 18th, 2010. FATCA imposes a system of automatic information reporting, seconded by a 30% rate withholding tax on US source payments made to foreign financial institutions and some identified non-financial foreign entities that do not comply with the reporting obligation. FATCA has developed a worldwide resonance and affects US persons as well as foreign payee and especially foreign banks and investment funds. The purpose of FATCA is not however to allow the IRS to collect the 30% withholding tax but rather to force foreign entities, over which the IRS does not have jurisdiction, to comply with their reporting information and allow for the IRS to obtain the required documentation regarding their US account owners.Fundamentally bilateral, FATCA’s regime has paved the way towards a new system of control of international tax fraud and evasion towards offshore tax havens and was quickly emulated by the OECD which created its own system, fundamentally multilateral: the Common Reporting Standard. However, it’s the interaction between the two systems that creates an unfortunate outcome, turning, for non-US taxpayers, the United-States into a black hole in the global transparency network created by the countries in an effort to fend off tax evasion
Fakhfakh, Emna. "La liberté de gestion en droit fiscal : étude comparée Tunisie-France". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1030.
Testo completoFreedom of management in tax law faces both, an abundance of choices and strategies available to the taxpayer that he can initially use to seek the less taxed alternative as well as a strengthening of the tax administration’s powers geared towards reducing tax evasion and tax avoidance. Swaying between the protection of management freedom and the struggle against tax evasion, the Tunisian and French systems diverge and converge in a number of points. The aim of this research is to compare the French and Tunisian freedom of management in tax laws. The main results show that in the two systems, the freedom of management is not designed in the same way. Unlike the Tunisian law, case law has played an important role to define and outline freedom of management in the judicial concepts relating to abuse of right and abnormal act of management. In the Tunisian law, in addition to unclear tax legislation, the case law has appeared undecided to outline the freedom of management. The protective freedom of management mechanisms vary in the French law and the Tunisian law. However, in both the French law and Tunisian law, there isn’t a harmonious balance between protection of freedom of management and protection of treasury interest. The development of the interference means of the tax administration causes gradually the decline of the freedom of management
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.
Testo completoThis 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
Jiang, Chen. "L'amélioration du régime fiscal spécial des fusions d'entreprises et opérations assimilées en Chine au regard du droit français". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0405.
Testo completoThe specific rules for tax-free reorganizations is introduced in China in 2009 by a notice entitled "Notice of taxation on several issues concerning the enterprise income tax treatment on enterprise reorganization". This notice transplanted the specific rules for tax-free reorganizations of American law to China. The United States is a Common Law country; however, China is a country of statutory law. Lacking interpretation of the legislator and jurisprudenc, this legal transplant can only be incomplete. The introduction of the specific rules in China raises, on the one hand, the problem of tax evasion and avoidance, and on the other hand, the problem of tax uncertainty. French law belongs to the same legal family as Chinese law, that of the statutory law, so the system of these two countries has many similarities. Its experiences are easier to integrate into the Chinese law. We rely on the specific rules for tax-free reorganizations in French law to try to find ways of improving the situation that currently exists under Chinese law
Magambou, Aimé Clotaire. "Réflexions sur les qualités opératoires d’une notion d’intégrité financière dans les missions du Compliance officer français". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1014/document.
Testo completoPeople think that the function of Compliance Officer is conceived on an obligation of means. Then, the Compliance Officer is rather seen as "spoilsport". Therefore, seeking for the element for lack of which the Compliance Officer could not be effective became a necessity. Our thoughts lead us to conclude about the need to put down a financial integrity notion whose definition also answers to the duty of the Compliance Officer. Furthermore, we wanted to have a clinical look on the position of Compliance Officer. The will to have a definition of the financial integrity that can be practical has leaded us to retain that financial integrity was the guarding of the rightful flow of money and monetary debentures. Put in those terms, the definition of the financial integrity firstly required presenting monetary items and their protection system. Then, the operating qualities of such a notion in the achievement of the Compliance Officer duty needed to be presented secondly. Beyond the only purpose of the Compliance Officer, our thoughts about the notion of financial integrity aimed at isolating an integrity notion that could be functional in the fight against financial criminality. In other words, as there is a field dedicated to the study of physical or moral integrity of a person, it was desirable that a field dedicated to the flow of money and monetary items could be identified in criminal sciences. Such an approach could participate to reword the needs of financial institutions involved in the fight against crime, and to redefine the university schedule of training by basing the learning process of financial methods on the circulation of items and the monetary objects
Tran, Lise LeChi. "Les moyens de lutte contre la fraude à la téléphonie mobile : étude de cas d'une entreprise de télécommunication canadienne". Thèse, 2005. http://hdl.handle.net/1866/16602.
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