Dissertations / Theses on the topic 'Criminalité économique'
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Leloup, Gilles. "Crime et analyse économique." Angers, 1991. http://www.theses.fr/1991ANGE0009.
Full textIllegal activities can be more profitable than legal activities and a part of the population could come to that king of activity. Choice formalisation, within an "economic model of crime", can allow the field to come out for the rational individual and get important lessons for criminal policy. But it is probably due to its capacity of foresight that the model gets better than a theory, that is sometimes produced as a rival one : the stability of punishment
Favarel-Garrigues, Gilles. "La lutte contre la criminalité économique en Russie soviétique et post-soviétique, 1965-1995." Paris, Institut d'études politiques, 2000. http://www.theses.fr/2000IEPP0022.
Full textVaillant, Nicolas. "Des comportements criminels et de leur dissuasion : une analyse économique de la violence et de la ruse : aspects théoriques et modélisation criminométrique à partir de données de panel françaises." Reims, 2005. http://theses.univ-reims.fr/exl-doc/GED00000066.pdf.
Full textThe economists of crime, inspired by the seminal work of Becker (1968) and Ehrlich (1973, 1975), have usually analyzed criminal behavior from the angle of the problem of time allocation and from the point of view of the public enforcement of criminal law. We extend this viewpoint by using a model of victim-offender interaction. The criminal is treated as a decision maker arbitrating between different "technologies", more or less tricking or, reciprocally, more or less violent for the victim. We test the deterrent effect of the legal sanction by estimating an econometric model of criminality (a "criminometric" model), using original cross-section time-series, covering the 30 French appeal court areas and the years 1988 to 1993
Campos, Azuara Alejandro José. "L'enlèvement économique : une nouvelle forme de criminalité au temps du Mexique neo-libéral : 1980-1999." Grenoble 3, 2001. http://www.theses.fr/2001GRE3A002.
Full textEchenne, Frédéric. "L' incidence des technologies de la communication et de l'information sur la criminalité économique et financière." Montpellier 1, 2006. http://www.theses.fr/2006MON10007.
Full textAugustin, Émilie. "La mondialisation favorise-t-elle la criminalité ? : l'étude d'une contrefaçon." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0332.
Full textStudies on the determinants of crime generally do not incorporate the factor ofglobalization. This thesis aims to assess to what extent the process of trade opening affects criminalmarkets and specifically economic crime. The objective is also to integrate sociology and politicalscience data through the prism of organized crime. The first chapter reveals that globalization,defined as the exponential increase of trade in goods and increasing inequalities, does not explain thecrime as a whole. However, the result is far different as regards economic crime as more specificallycounterfeiting. The objective is then to specify to what extent the increase in these fraud issymptomatic to the process of economic integration and is directly linked with criminal activism.Finally, the third part focuses on a study case on counterfeiting in the wine sector in Italy and France
Rami, Halim. "La mondialisation et la criminalité économique et financière : Analyse juridique internationale au regard du droit algérien." Montpellier 1, 2008. http://www.theses.fr/2008MON10013.
Full textJaïdane, Mazigh Lamia. "Analyse économique de la production d'ordre et de désordre publics." Paris 1, 1999. http://www.theses.fr/1999PA010024.
Full textGourouza, Magagi Zeinabou. "Le traitement de la criminalité économique et financière dans l'espace UEMOA : étude comparative avec le dispositif de l'Union européenne." Toulouse 1, 2008. http://www.theses.fr/2008TOU10002.
Full textDefined as de entire infractions which affect the economical activity, namely financial transactions, flux of merchandises and flux of informations, economical and financial criminality slows the interests of the entire society as well as the interior security of states. The criminality is not new at all and to fight against it, is not easy because those infractions occur with different methods which do not include violence nor fighting but clever or fraudulent ways such as corruption. Furthermore, the fight against economical and financial infraction has to take into account the evolution of the world in terms, of economic changes, globalization and new technologies of informations
Lalam, Nacer. "Déterminants et analyse économique de l'offre de drogues illicites en France." Paris 1, 2001. http://www.theses.fr/2001PA010058.
Full textVessio, Fabien. "Le droit pénal des affaires à l'aune de la défaillance économique." Electronic Thesis or Diss., Toulouse 1, 2021. http://www.theses.fr/2021TOU10001.
Full textJaghdam, Ali. "Les conditions d’assurabilité de la cybercriminalité : Une approche économique du transfert des cyber-risques." Paris 9, 2008. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2008PA090062.
Full textThe insurance has always participated in the success of the global information infrastructure by the guarantees offered to hedge against risks arising from conventional computer-based risks. However, cyber-risks have several "non-conformities" to the traditional actuarial model mainly due to the interconnection of information systems. The main contribution of the thesis focuses on the identification of conditions that make cyber-risks insurable following a risk-transfer economic approach. The study of the dynamics of insurability from a stochastic modeling of supply and demand behaviors has identified two conditions for enlarging the scope of insurability: increasing policyholders’ aversion to cyber-risk, and reducing the likelihood of successful attacks. From these two conditions, we determined what could increase the first and reduce the second. One solution is to play better synergy between the state and insurance companies regarding compliance with the regulations or recommendations on cyber-risk prevention both by the potential insured as the suppliers of connectivity equipments and security services providers. From this research covering both theoretical and empirical aspects of our thesis, we were able to identify the conditions under which cyber-risks could have an insurance contract. This is of great importance when the survival of businesses in an economic environment "reconfigured" to an intensive usage but also essential of information networks
Puech, Frédéric. "Analyse des déterminants de la criminalité dans les pays en développement." Phd thesis, Université d'Auvergne - Clermont-Ferrand I, 2005. http://tel.archives-ouvertes.fr/hal-00015393.
Full textles pays en développement, particulièrement en Amérique Latine. Cette thèse étudie les
déterminants de la violence dans les pays en développement et essaie de comprendre comment
la réduire. Elle en conclut que les inégalités de revenu, la faiblesse de l'éducation et
l'instabilité du revenu sont les principaux facteurs de crime dans les pays en développement.
Le chapitre 1 propose un bilan de la littérature sur les déterminants du crime et présente
un modèle théorique de comportement criminel s'appuyant sur un cadre «beckerien»
et dans lequel le concept de privation relative est introduit. Ce chapitre discute également
de l'impact de l'éducation sur le crime.
A l'aide des techniques d'économétrie spatiale, le chapitre 2 propose des estimations
des déterminants des taux de criminalité. L'échantillon est une coupe transversale de
723 municipalités du Minas Gerais, un Etat brésilien, pour l'année 2000. Les principaux
résultats sont les suivants :
- L'éducation de base réduit de manière significative les crimes contre les personnes
mais pas ceux contre la propriété. Les deux types de crimes sont positivement influencés
par les inégalités de revenu. Cela implique que les politiques visant à réduire
les inégalités de revenu sont nécessaires pour réduire le crime dans cet Etat, de même
que des politiques visant à promouvoir l'éducation de base universelle.
- Il existe une autocorrélation spatiale positive des taux de criminalité municipaux.
Toutefois, les crimes contre la propriété se diffusent plus que ceux contre les personnes.
Cette caractéristique spatiale suggère que la lutte contre le crime doit concerner
aussi bien les périphéries que les centres urbains.
Le chapitre 3 étudie le problème du choix entre l'éducation publique et la police dans
l'optique de lutter contre le crime. L'analyse utilise un modèle d'équilibre général calculable
(EGC) calibré pour le Minas Gerais et incluant deux variables de crime endogènes au
modèle. Les principaux résultats suggèrent que les dépenses publiques d'éducation et de
police ont des effets négatifs comparables sur la violence mais que ces effets sont fortement
dépendants d'autres mesures sociales.
Enfin, le chapitre 4 étudie l'impact de l'instabilité macroéconomique sur la criminalité.
Il est supposé que cette influence provient d'anticipations déçues qui peuvent dans une
certaine mesure générer de la frustration et éventuellement du crime. Cette hypothèse d'un
effet direct de l'instabilité macroéconomique est testée pour les homicides et pour les vols
violents sur un panel de pays développés et en développement pour six périodes de trois
ans couvrant la période 1980-1997. Les résultats suggèrent un effet positif de l'instabilité
macroéconomique passée sur les homicides. L'instabilité accroît également les vols, mais
uniquement dans les pays non membres de l'OCDE, suggérant que l'effet de l'instabilité
dépend de l'environnement institutionnel. Ces résultats ajoutent des arguments en faveur
de politiques visant à réduire la vulnérabilité aux chocs macroéconomiques dans les pays
en développement.
Gendron, Marc. "Investissement en capital humain et incidence des crimes à col blanc." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24444/24444.pdf.
Full textMahjoub, Saad. "La sécurité économique à l’épreuve de la mondialisation." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30026.
Full textThis thesis has for object to study the economic security in a context of globalization. In the broad sense term the economic security is the absence of threats against the economic heritage. The protection of this heritage is carried by many measures and policies and legal instruments. The competitive intelligence with its tools allowed the passage of a strictly passive security an active security. The policies related to economic heritage protection take place by cooperation between the public and the private sector. The search emphasizes the notion of economic security in the event of the globalization, allowing to analyse in a global way the threats and the policies of retort in an environment of economic globalization
Garcette, Nicolas. "Instabilité sociale et développement." Paris, EHESS, 2008. http://www.theses.fr/2008EHES0060.
Full textThis dissertation is about crime in developing countries and its eventual links with some economical variables, income distribution in particular. Chapter I is a large literature review on crime economics. Chapter II studies the effects of income distribution and job market (participation, unemployment, underemployment, informality) on the crime rates in Argentina between 1991 and 2004. Chapter III presents a theoretical model on the relationship between income distribution and private and public protection. Chapter IV is the counterpart of Chapter II. We analyze the link between criminal victimization and income, using the crime victimisation surveys conducted annually between 1996 and 2001 in Argentina
Parisien, Bruno. "L'enquête judiciaire en matière économique et financière : une réforme nécessaire." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA021/document.
Full textTwenty billions : that is the cost of financial and economic crime in France. This is close to organised crime, but it still remains an ill-defined phenomenon, an atypical delinquency with specific features, an area where only few initiate persons succeed in twarthing misbehaviours committed by pioneer criminals in regard to the modus operandi they use. Financial and economic crime plagues the social and economic system, and although this tends to be contained in France, successive and innovative reforms haven’t ensured a more appropriate criminal justice response. Judicial system has been provided with specialized penal courts, but judicial inquiry, the cradle of fight against crime, still remains subject to ordinary criminal procedural rules. As feedbacks show, basic investigation powers contrast with exceptional delinquency, whereas they could be improved by the adaptation of the tested investigation devices
Sartini, Tony. "Les réseaux criminels entre logiques économiques et logiques ethno-culturelles." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020061.
Full textCriminal networks between economic and cultural logics The criminological tradition readily conceives crime as an individual fact. Unlike this conception, this thesis proposes to understand the crime as a social and political fact. The traditional materialistic and culturalist models were able to account for the explanatory economic and cultural variables of the crime. However, they have insufficiently taken into account this fundamental fact that criminal activity is, in its mass, a group activity. In particular, they are struggling to explain the over-representation of minorities-especially ethnic-in crime. A sociometric model called "Criminal embeddedness" shows how the sociability of minorities gives comparative advantages to such minorities in organized crime.Because it is primarily a phenomenon of networks, crime is thus explained by understanding the economic logics that motivate members of criminal networks, but also the ethno-cultural logics that structure them. Such logics are always prevalent in the contemporary world, characterized by globalization, the more virtual nature of trade, communitarianism and terrorism. These economic and cultural logics were not sufficiently taken into account by public security policies in France, in particular in urban governance and in criminal intelligence policies. This is largely due to the French model, which is struggling to grasp the logic of crime in a pragmatic way, and to take into account ethnicity
Tankoua, Roméo. "Criminalité et justice pénale dans l'espace CEMAC : de l'expérience nationale à l'ouverture communautaire du droit criminel." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA024.
Full textThe dynamics of economic integration in CEMAC’s region is based on free movement of people, goods and capital. Helped by the opening of the borders, people are free to move from one country to another for economic and security reasons. This is the consequence of instability in many countries such as Central African Republic, Chad and Congo. The major problem is that, how to manage delinquency specially the prevention or the repression of the national and the cross border criminality? In fact, it is nowadays advisable not to allow the countries which are welcoming foreigners to behave as a paradise in such a way that, those who have troubled the national order should not be punished. Even though at the national level there are still some misunderstandings concerning the criminal law. At the national level and particularly as far as Cameroon is concerned, the main aim which is to fight against criminality has many problems, especially modernity way through which our court is passing. According to the Cameroon (new Code of criminal procedure of july 2005), CAR (two new codes, penal and criminal procedure, 2010) and Chad (Prajust, 2008) . As far as community is concerned, CEMAC has really specialize, in police cooperation, which is necessary to over pass all the transgression, which are caused by social nuisants. Actually, the legislator can capitalize the expertise of OHADA’s book, and open himself to European Union experience
Monnery, Benjamin. "Prison, reentry and recidivism : micro-econometric applications." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2132/document.
Full textThis PhD dissertation investigates the linkages between prison, reentry and recidivism. Eachof the four chapters contributes to the growing field of the economics of crime, applying a series of econometric methods on French data to answer highly policy-relevant questions.Chapter 1 explores the dynamics of the risk of recidivism after prison release. This article is the first to document the shape of the hazard of recidivism over time in France (a fastlydiminishing function) and to explore the key individual characteristics explaining the level and dynamic of this risk over time.Chapter 2 investigates the causal effect of sentence reductions on recidivism. This article is the first to explicitely account for the key mediating role of anticipations and adaptation by prisoners. By exploiting the French collective pardon of July 1996 as a natural experiment, the article finds strong evidence supporting the importance of the concrete design of sentence reductions.Chapter 3 offers the first evaluation of the causal effects of a major penal policy in France, the introduction of Electronic Monitoring (EM) as an alternative to short prison sentences. Using the staged rollout of EM across courts and over time, the paper finds evidence of significant beneficial effects of EM on recidivism, compared to incarceration.Finally, Chapter 4 measures the deterrent effect of fast versus slower incarceration on future crime. This article is the first to estimate the large beneficial impact of using fast-track procedures, instead of longer procedures, on recidivism after release
Pelletan, Jacques. "Fondements économiques d'une politique de sécurité : l'exemple du risque de criminalité." Paris 9, 2008. https://bu.dauphine.psl.eu/fileviewer/index.php?doc=2008PA090026.
Full textThis thesis aims at laying down the theoric foundations for a politics of security and at applying them to the case of crime. For that goal the concept of security will be granted an economic status as a capability according to Sen, for which an axiomatic is proposed. From this work, a security « demand curve » will be shaped. It will rely on two components : public institutions estimations, and private individual request for security, for which a model is proposed up from the Kahneman and Tversky Prospect Theory. Then, the case of crime will be focused on. After a historical overview, a security « supply curve » will be drawn, based on a time allocation model between legal and illegal activities. At that stage, the security “demand” et “supply” curves will be crossed and some theorical conclusions will be drawn. Secondly a practical application will be led to evaluate how to allocate public resources - teaching and policing programs - in the poorer neighborhoods named “Zones Urbaines Sensibles” according to the French definition
Cesoni, Maria Luisa. "Développement du mezzogiorno et criminalités : la consolidation économique des réseaux camorristes." Paris, EHESS, 1995. http://www.theses.fr/1995EHES0049.
Full textThe italian mafia-like organisations are often considered largely responsible for the luck of development in the south. In fact, this situation is a consequence of the distorsions of economic policies for the mezzogiorno and of the systematic corruption of the political and administrative system. These two factore contributed to the creation of a favorable environment for the economic - then political consolidation of the heterogeneous networks which are usually called camorra
Gross, Denise. "L'ingénierie sociale : la prise en compte du facteur humain dans la cybercriminalité." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA007.
Full textThe digital revolution has encouraged the emergence of a new type of criminal activity : cyber-crime. This includes a vast array of activities and offences that often use social engineering techniques. These techniques are old and not widely understood, yet benefit from the increase of data available online and the use of firewalls and other security systems. They have been adapted to work with the Internet and digital technologies in order to exploit the “vulnerabilities” of human psychology. Social engineering targets the user, who often unconsciously, allows access to systems or data, making the user the weakest link in the cyber-security chain. Individuals, companies and governments are all facing the same challenge in trying to solve these issues, utilising current legal, financial, technological and social resources which seem to be insufficient. Far from being eradicated, fraudulent activities that use social engineering continue to increase in prevalence. The inefficiency of current judicial polices forces us to consider alternative strategies upstream. Being proactive, predicting early and reacting quickly to computer related crimes should be the priority of a more humanistic approach which is focused on prevention and cooperation. Although one can agree on the approach ; the challenge is to find out how to implement it
Diakhate, Serigne. "La lutte contre la délinquance économique et financière dans l'Union Economique et Monétaire Ouest Africaine (UEMOA) et dans l'Organisation pour l'Harmonisation du Droit des Affaires en Afrique (OHADA) : état des lieux et perspectives." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D007/document.
Full textEconomic and financial criminality, constituted by all illegal activities, which can be committed individually, in companies or organized groups, has different methods of action than those of violation of common law. Most often, they are committed by clever means (trickery), fraudulent (false for example), by the exploitation of trade secrets or confidential data (insider trading), requiring knowledge and know-How of the business world, or even financial engineering against individuals, companies, the State or international organizations. Most often, their finality is the search for easy gain. therefore dirty or black money is the fruit of illegal or criminal activities. This money is at the center of economic and financial crime. It is the driving force behind it. This is one of the reasons why the fight against this form of crime must have as main objective the seizure of assets of criminal origin. In this sense, we have made in these study proposals for reform in the penal codes and criminal proceeding of the States belonging to the WAEMU-OHADA sphere and to include disposal enabling effective seizure. This issue of seizure of assets of illicit origin shows how difficult it is to fight this form of delinquency. Because today, the action of States taken individually to fight this scourge, has lost its effectiveness. Therefore, the treatment of this delinquency should necessarily involve a harmonization of the criminal business law of the OHADA and a standardization of the economic and financial criminal law of WAEMU. However, this battle at Community level is not without some difficulty, to the extent of that the member states of these two organizations do not wish to abandon the power to draw up criminal sanctions against Community incriminations applicable in their territory to the benefit of the community institutions. From where the necessity to take account of the need to harmonize criminal law rules penalties against community law violations. on the one hand and the imperative of respect for State sovereignty on the other, even if these two imperatives are difficult to reconcile. At all events, in order to make efficient the fight against this criminal phenomenon, the current plan of action must evolve towards new and more appropriate instruments. Thus, are typologies of measures relating to criminal law in form and substance proposed at both national and regional level. Indeed, a fight envisaged at a single level is in advance tied to failure. It is thus necessary to establish real judicial cooperation in the WAEMU-OHADA area for an effective fight against economic and financial crime in this area
Colombié, Thierry. "Grand banditisme et trafic de drogues en France : analyse stratégique des organisations criminelles." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0151.
Full textFrom the study of the heroin trafficking in France (French Connection, 1935-1985), this research brings to light the French’s organized crime, usually named «grand banditisme ». The French Connection’s study is not an accident: as in Italy and in the United States, the heroin trade has been the most efficient way of expansion for criminal organizations. Based on official data, the first part of this thesis describes the evolution and the organization of the heroin trade, from France to United States. The second part endeavor to better understand what is called « grand banditisme » through interviews of their operators. We manage to do a new typology of drug dealers, describing alliance and agreements between transnational firms involved in the drug market. From a theoretical approach stemmed from industrial economics, this thesis introduces two news concepts: the "trafficker" firm, within which operators have to escape from law enforcement policies by specific strategies; and the "trafficker" coterie, pole leader in which actors of french criminal world, named "Milieu", are associated with individuals of legal spheres
Boutkhil, Soumia. "La pauvreté, l'agitation sociale et la criminalité en Angleterre au XVIIIe siècle." Paris 10, 2000. http://www.theses.fr/2000PA100196.
Full textBuisson, Chantal. "La criminalité dans le secteur industriel et énergétique en Russie (1992-2004)." Paris 4, 2007. http://www.theses.fr/2006PA040214.
Full textThe explosion of criminality, subsequent to changes in the political and economical system of Russia from 1992, was particularly devastating for the country’s industrial and energy sectors, while it provided ludicrous opportunities for personal enrichment. The haste in which the events took place, prevented the renewal of the country’s elites, and failed to institute a solid legal setting which would allow the control of the privatization process and protect ownership rights. Such shortcomings allowed massive misappropriation by government officials of the goods entrusted to them, discretionary take-over of public property by state company managers, and the entrance of underworld elements into the economic fabric, which in turn, originated an unprecedented climate of violence. Since the police and the judicial systems had not been restructured and reformed, they became tools in the hands of big industrial groups to take over the ownership of companies. The gradual resumption, since the year 2000, of control by the state of the energy sector, has not solved the problem of criminality, which, to this day, remains the most worrying
Ledan, Soazig. "Le droit pénal et les mouvements de capitaux." Toulouse 1, 2005. http://www.theses.fr/2005TOU10068.
Full textDefined as the whole group of measures incriminating a circulation of funds or of financial tools, criminal law connected with the circulation of capital is necessary since it guarantees the preservation of the main social values. Nevertheless, without an established criminal policy, the legislator created a normative piling-up which generates a confusion in the circulation of capital. However, by analysing the subject of each charge, one cas emphasize the presence of guiding lines which reveal a dichotomy between the illicit circulation of capital and the circulation of illicit capital. Despite the fact that they are necessay and coherent, indictments related to the circulation of capital seem inadequate compared with the extent of the phenomenon to fight against. Offenders in fact obscure their identity and the place where their capital is set and they take advantage of moving around so as not to undergo the enforcement of criminal law. They also benefit from criminal practices carried out by a third party and from repressive measures which turn out to serve the opposite purpose than the one natural to them. The coexistence between these criminal factors and between the ordinary and specific implements intented to improve the detection and the suppression of these offences shows that the latter are far from being suficient. So as to achieve this battle, new instruments are being studied. They must nevertheless be completed. Is suggested the creation of a body of penal and no-penal, substantial and procedural rules, which are dispensatory to common law, but which would be strictly supervised by the legislator
Bègue, Guillaume. "Confidentialité et prévention de la criminalité financière : étude de droit comparé." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D019.
Full textThe recent trend towards transaprency in business highlights a more global disenchantment with the concept of secrecy. The concept of secrecy benefits from various legal expressions whose origins give it as undisputable legitimacy. This observation leads us to recognise the existence of a "Principle of confidentiality". The clash betxeen the rules of Financial Crime prevention and this principle of confidentiality is causing legal uncertainty not only for professional subject to Anti-money laundering and counter-terrorism financing regulations but also gor persons whose data is being processed. These two sets of conflicting rules nevertheless share a common goal, namely to ensure respect for fundamental rights. Notwithstanding this, both the risk of abuse of legal instruments offered by one set for illegitimate purposes and the shortcomings attached to the other set potentially hinder the efficient and reasonable use of Law. This study aims at analysing antagonistic principles to reach a certain balance by applying solutions which preserve their respective interests and contribute to legal certainty. In this regard, the comparative law analysis helps better interpret customer due diligence measures whilst rehabilitating the arguments in favour of the principle of confidentiality. This shows the development of e genuine AML/CFT Law and in particular its preventive aspects that form a major part of the Banking and Financial Regulations
Do, Rego Bernardo-Casmiro. "La fusion-acquisition à l'épreuve du droit pénal." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC006.
Full textThe Internationalization of economical exchanges inscribes national’s economies in a globalized order. This globalized context intensifies the business’s trades and the competition between companies. These have to perpetually struggle to survive on the market. To avoid disappearance, they have to become stronger and bigger. Thenceforth, they are constrained to an external growth. This type of external growth materializes itself by concentrations: such as mergers, scissions, acquisitions, partial transfers of assets, transfers of control, takeovers. We talk about mergers and acquisitions. For some years now, these transactions had become a reality in a business’s life. Relay at each realization – at least the most significant ones – by the media, they are most known for the synergy they realized and/or social consequencies they cary. Generally studied in economics sciences and legal sciences manuals, mergers and acquisitions are rarely considered exclusively by criminal approach. This is precisely the purpose of this study. Nevertheless, only concentrations such as mergers scissions and takeovers will be considered in this study. Legal risks tied to such transactions, in particular criminal ones, are found at all stages. In the context of those concentrations, criminal Law is intended to protect all different interests in presence, meaning actors, natural persons as well as legal persons. But some certain obstacles call for a measured or moderated application of criminal Law. The first one is the legal personality, the basis of multiples criminal Law principles. The second is a combination of many or multiples difficulties: the diversity and/or the specificity of the applicable rules to those transactions, usually the international character of the latter ones and the limited scope of the Law on secondary penalties. This study is proposing to conciliate those obstacles with the necessity of and the requirements of a true, just and better criminal repression during these transactions realization. For this purpose, our contribution lay stress on renewal of the criminal Law application during the mergers and acquisitions. Two mains avenues will be considered: consider the economic character of the transactions to apply a penalization; intended here as the act of sanctioning and re-enforce the penalty of mergers and acquisitions in view of economic criminal Law; laying on the notion of enterprise to bring a penal answer adapted to the penalty. It will be at this double condition that the criminal Law will have a real interest in the frame, limit of those transactions
Gantsou, Ossebi Sophonie Lemec. "Corruption et trafic d'influence." La Rochelle, 1999. http://www.theses.fr/1999LAROD005.
Full textRoesch, Laurent. "Le retour des "classes dangereuses" aux Etats-Unis : politique sociale et politisation de la loi et de l'ordre à New York, Philadelphie et Washington (1993-2003)." Metz, 2006. http://www.theses.fr/2006METZ002L.
Full textSince the 1960s, crime has become a major preoccupation in the United States. Blamed for violence in cities and compared to new “dangerous classes”, some groups are demonized by some of the media and disproportionately incarcerated. Starting in the 1980s, under the influence of a few conservative think tanks, the United States have moved towards a repressive penal State which benefits a number of private companies, and the social benefits obtained as part of the New Deal and Great Society programs have been gradually dismantled. Tough-on-crime policies and the welfare reform law passed by Congress in 1996 aim therefore at substituting welfare for a more repressive form of social control. In 1993, the fight against crime became a major electoral issue in New York and the new mayor made law and order and workfare his main goals. After analyzing the economic, social, and political contexts in New York, Philadelphia, and Washington, D. C. , this doctoral dissertation compares policies aimed at assisting the poor and measures intended to fight crime in these three cities from 1993 to 2003. Despite a less favorable economic and social context, the mayors of Philadelphia and Washington, rather than adopting a zero tolerance policy on the New York model, opted for successful preventive community-oriented solutions. This study also shows that workfare policies imposed by Congress, which have been much more repressive in New York than in Philadelphia and Washington, have not significantly reduced poverty and social insecurity in spite of a favorable economic climate
Mirzajani, Hamid Reza. "Finance criminelle et politique criminelle anti-blanchiment en droit français et iranien." Strasbourg, 2011. https://publication-theses.unistra.fr/restreint/theses_doctorat/2011/MIRZAJANI_Hamid_Reza_2011.pdf.
Full textThe criminal finance is a generic term which describes financial strategy of the criminal economy. Currently in the field of national criminal law, criminal finance has an important position and numerous international conventions have been adopted to punish and prevent this phenomenon. However, the criminal finance is still unclear. The criminal finance is based on two clearly defined categories within the criminal law : first one is the illicit profit from an upstream offense such as theft, fraud, embezzlement, drug trafficking. . . , what we call as “gross criminal finance”; second one is the legal profit from a downstream offense qualified as money laundering , what we call as “criminal finance pure”. Nevertheless, criminal finance has been foreseen by French and Iranian criminal law. Money laundering is specified to some limit in French law. This limitation is based on the principle of necessity and proportionality of punishment, as well as the underlying offenses recommended by the FATF. However, Iranian law has a system of indirect criminalization of money laundering. Our research shows the criminal policy consisting of all elements fighting against money laundering. An effective fight against money laundering is based on two components : the preventive and the repressive. French and Iranian preventive measures in the fight against money laundering are based on professional due-diligence. The recent French legislation, the ordinance of 30 January 2009, which implemented the third european union directive of 2005, introduced a preventive measure to amend and supplement the old French law. Thus, there has been a significant legislative change in France compared to the Iranian legislation. However, Iran has recently adopted an anti-money laundering law and has applied it since 2 December 2009. Ultimately, the comparative analysis of the criminalization of money laundering and criminal policy against money laundering in French law and Iranian law shows that Iran can benefit from the experiences and solutions in the French legal fight against the money laundering. It also shows that Iran must quickly overcome the shortcomings of its laws and its criminal policy on the fight against this phenomenon
Glotova, Elizaveta. "La circulation des normes pénales : études empiriques des mouvements actuels des normes pénales en Europe et aux États-Unis." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1032/document.
Full textThe circulation of legal norms is a phenomenon studied by an international research current named policy transfer studies which has however little interest in criminal norms. Nevertheless, during the last several decades, the globalization processes have made the circulation of these norms faster, more intense and more complex. Based on three case studies, our work shows how the circulation of criminal norms is widely influenced by European harmonization processes, by the diffusion of the neoliberal ideology that accompanied a punitive turn in the criminal policies of most European countries and by the emergence of transnational crimes that require similar solutions. We will characterize the limits of these convergences and analyze them in several theoretical frameworks borrowed from the sociology of deviance in order to understand their implications for those who want to grasp the legislative process on the national level
Aguirre, sanchez Andrea carolina. "Urban crime in Ecuador : three essays on the role of economic inequalities, population density and emotions." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSES051/document.
Full textLatin America and the Caribbean (LAC) is one of the most violent regions in the world. Importantly, higher levels of violence prevail in most urbanized LAC cities (UNODC, 2013). Understanding the determinants of urban crime is therefore a major challenge for those countries. The purpose of this dissertation is to explore the role of three crime determinants in Ecuador: economic inequalities, city size, and the emotions caused by soccer events.Before conducting this empirical analysis, we first review the theoretical and empirical literature on urban crime determinants. An important conclusion is that economic incentives that lead individuals to commit crime are influenced by the location pattern of criminals and victims. Building on these considerations, we perform three empirical analyses at different geographic levels.First, we explore the effect of income inequality on victimization in Ecuador, using data at the individual level thanks to the Ecuadorian Victimization survey. The main result is that, contrary to the predictions, the Gini coefficient has a negative effect on victimization by robbery. This result could be related to a high residential segregation or a high social control against crime. In addition, we provide evidence for an increasing and concave relationship between the income level of victims and the probability of victimization by vehicle theft, which first increases with a monthly household income up to $5,100, and then falls.Second, we test the existence of an urban crime premium (higher crime in urban areas) in Ecuador, at the parish level. Our main result is that population exerts a non-linear influence on the homicide rate. The probability that a homicide happens is higher in larger parishes. However, the homicide rate decreases with population in parishes with positive homicides. By contrast, the results regarding property crimes confirm that the level of population increases the number of pecuniary crimes per inhabitant.Third, we explore the effect of soccer matches on the number of homicides and property crimes in 16 cantons of Ecuador, at the intra-city level. The aim is to test whether soccer matches alter the temporal and spatial patterns of crime, and the role of emotions (frustration and euphoria) resulting from soccer matches on crime. Results reveal that the number of homicides increases by 0.18% before the match whereas the number of property crimes increases by 12% after the match, near the stadium. Soccer matches also cause spatial spillovers of crime in locations distant from stadiums. On game days, the number of property crimes falls by 0.88% before the match and the number of homicides falls by 0.05% during the match, in these distant locations. After the game, the homicides and property crimes significantly increase in locations distant from stadiums. Finally, the effect of emotions on homicides or property crimes is not significant at the aggregate level but it is significant regarding homicides that occur in the capital of Ecuador, Quito
Mani, Malorie. "La lutte contre le blanchiment d'argent : acteurs et stratégies des politiques publiques de l'Union européenne." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0041.
Full textRegistered over the past twenty years on the agenda of most major international meetings, the issue of money is still relatively unknown to the general public and little studied by the Political Science. We can at best have a partial knowledge of the phenomenon. Yet money laundering is widely regarded as a serious threat to the global economy and democracies among the most established. Moreover, the internationalization of trade and the access to new communication technologies have created new opportunities for criminal activities. The evidence of such a threat has led many states to organize the mobilization to fight against money laundering. It is precisely the problematic of the role of States in the fight against money laundering that is here at the core of our research. However, this mobilization of resources remains quite inefficient: two decades of struggle against money laundering, have not permitted to display a satisfactory balance. The central argument of this research is to show that the weakness of the results is widely due to EU member states that either do not ratify the laws, or impede their implementation on the national territory. Thus, our research puts forward the idea that states have chosen to place the protection of their sovereignty, and, through it, the promotion of their economic interests above the security of their citizens. Far from being a problem of loss of control in state sovereignty, it seems that the fight against money laundering suffers mostly of the disunity of States and their inability to make the necessary concessions to ensure collective security
Mehdi, Djazira. "Les instruments de lutte contre le blanchiment d'argent en Algérie." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0050/document.
Full textMoney laundering is currently an offense that is still growing. Moreover, the fight against this phenomenon remains an overall theme. Recognizing the transboundary nature of this scourge and its harmful consequences that this presents particularly for the developing countries whose financial systems are notoriously fragile, Algeria has introduced various instruments to fight money laundering. In addition to its participation in international instruments, it has set up national means to fight against this form of financial crime. We analyzed these instruments and the recent changes made by the Algerian authorities
Louvet, Lalla. "Le droit et la corruption internationale." Paris 1, 2008. http://www.theses.fr/2008PA010279.
Full textRahmani, Farid. "A travers l'argent des jeunes hommes se racontent : ethnographie d'un quartier populaire de type grand ensemble situé à la périphérie du centre urbain strasbourgeois." Université Marc Bloch (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR20051.
Full textIn the society where the young men of the projects live, the money is the plinth of the new citizenship. Yet, they are excluded by the money, at first because they have a popular condition, then, because they live in awful housing, and finally, because more than the other individuals, they are concerned by the unemployment, under employed or limited to precarious employments on account of marks which they cumulate. Nevertheless, to exist socially, to be recognized and thus integrated into the consumer society where they were born and grew up, they have the major conviction that only the money in great quantity will make the deal. It should be said that, the mass-media maintain the picture of an existential ideal where luxury is a sign of consecration. They dream of fortune then, to live or “to shine”, thousand and one manners, legal or not, will be considered
Tir, Nesym. "Evolution de la réglementation des institutions financières : de la lutte anti-blanchiment à la conformité." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0007.
Full textGlobalization of trade and financial transactions have been followed by globalization of financial crime.Money laundering techniques have converged in light of this economic reality. Anti-Money laundering is considered like a complex topic wich includes interaction between regulator bodies and financial institutions. It aims to counter international criminal transactions taking advantage of financial innovation and digital evolution. The anti-money laundering regulation of recents years highlights soft law wich results new normative paradigm producing regulatory overlay.Inserted in anti-money laundering worldwide program, financial institutions have to deal with regulatory inflation that has lasted for several years. This normative mutation is defined by different laws combination whose movement continues to grow with banking and financial regulatory. This banking and financial regulatory requires financial institutions to put in place a flexibility compliance program with systemic tools to cope with white-collar complexity environment. Financial crime globalization needs globalization law and regulation wich uses financial institutions monitoring system. In this context, the compliance lawyer must adapt his perception and mission with respect to tectonic plate regulation movement
Ndukuma, Adjayi Kodjo. "Le droit de l'économie numérique en République Démocratique du Congo à la lumière des expériences européennes et Françaises." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D085.
Full textThe expansion of telecoms and digitalization has fuelled the digital revolution. Their societal aspects represent a tangible source for legal dealings within the e-commerce and the information economy. The first line of inquiry establishes a model for the legal framework created over time for the European and French e-commerce. It demonstrates that legal adjustments narrowly followed the evolution of telecommunications methods : teleshopping (1989), remote contracts (1997), supplies for remote financial services (2002). However, the rise of this "electronic gateway" revolutionized the services of the Information Society, regulated since 2000 by the directive 2000/31/CE. (I)The second line of inquiry analyses the evolution of legislative policies on telecoms and electronic communications in Europe and in France. Because of the globalization of trade, the expansion of technological communications, the internationalization of networks and the growth of multinational firms, the international trade law transferred European legal standards of telecoms in Africa (DRC). (II) Congolese legislation, for instance, has followed the European model of deregulation. By opening rights of access to the telecoms sector, which was previously monopolistic, the country is undergoing the transformation of public services into the market economy. Everywhere, the regulation right creates new challenges for the separation of regulation, operation and control services. In addition, competition raises a new challenge regarding the self-regulation of trade by economic powers. (III) As innovations continue, the initial law of telecoms in RDC is unable to regulate the contingencies of the digital revolution, in particular in the areas of personal data and cybercrime. Since April 2017, the Congolese parliament is working
Lavoie, Sandra. "L'utilisation et les enjeux du renseignement financier : un aperçu du CANAFE." Thèse, 2017. http://hdl.handle.net/1866/20094.
Full textBerg, Julien. "Policing financier transnational : les cellules de renseignement financier au cœur de la lutte contre le financement du terrorisme." Thèse, 2018. http://hdl.handle.net/1866/22467.
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