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Academic literature on the topic 'Droit pénal – Afrique – Études comparatives'
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Dissertations / Theses on the topic "Droit pénal – Afrique – Études comparatives"
Sihaka, Tsemo Ernestine. "Droit pénal traditionnel au Cameroun et problématique d'une nouvelle conception du droit pénal africain." Université Robert Schuman (Strasbourg) (1971-2008), 1989. http://www.theses.fr/1989STR30006.
Full textThe void created by the lack of a general theory for african law was one major reason which lead us to question ourself about a real knowledge of traditional penal law in Cameroon and the problematics for a new conception of african penal law, proceeding from a personal investigation experience in Cameroon, Senegal, Mozambique and Burkina Faso, as well as an afrocentric theoretical perspective and scope. Therefore we found it necessary to review a certain number of eurocentric theoretical approaches, insofar as it seems quite impossible to carry on, on a scientific basis, a study of the african traditional penal system without a due knowledge of the african social formations in their his torical and cultural continuity through space and time. Thus, we have attempted to grasp some of the main characteristics and features of the african judicial systems and traditional penal law: its foundations, basic values, the principles of judicial organization and procedures, etc otherwise, we have analized some of the main factors of change during the colonial and post-colonial eras, the consequences and limits of tho se changes, trying also to reflect upon the objectives and means for a new african criminal policy, based on the most positive values, rules and principles still deeply and strongly rooted in
Afani, Adboulaye. "La responsabilité pénale des dirigeants de la société anonyme : Étude de droit comparé : France-Allemagne-Espace OHADA." Perpignan, 2009. http://www.theses.fr/2009PERP0957.
Full textOwing to disparities in the penalties applied to managers of Limited Companies, and faced with the urgent need to endow: itself. " with a consistent law System which could more efficiently meet with the new requirements of global economy. The member states of the EU and the countless of the OHADA zone ( Organisation for the harmonization of business law in Africa) are now compelled to bring into line their current legal regulations. In this respect, the present research aims at taking stock of the penalties in force in certain EU states. More particularly in France and Germany, as well as in some countries of the OHADA zone. It also reveals the already made standardizing efforts as well as the ones which are still to achieve
Mirkamali, Seyed-Alireza. "L'infraction politique : une étude comparative entre le droit pénal français et le droit pénal iranien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10022.
Full textThe political qualification allocated to a fact is variable, and makes difficult even impossible a clear definition of the fact which it qualifies. Even certain authors claim that there is no political offense. This particular variety of crime complies with opposed justifications according to the nature of the country. The Iranian legislator like his French counterpart having preferred the silence. The absence of legal criteria has conducted the doctrines towards an attempt to distinguish between political offenses and those of common law. These efforts have removed, partially, precariousness of the nature of political crimes. In both legal systems, the particular nature of the political crime entails the application of sentences specific to this type of offense. In addition to this criterion, there exist particularisms as for the substantive rules and the procedural rules. For example, extradition cannot be agreed on political matter. It seems to us that, the political offense, despite the vagueness that surrounds it, must attribute a separate place in the subjects of criminal law, it must be distinguished from the common law offense because it is about a type of independent offense who deserves an adequate sanctioning
Cymbalista, Tatiana. "Poursuites et alternatives aux poursuites en droit pénal comparé : droit français, droit brésilien." Paris 2, 2005. http://www.theses.fr/2005PA020027.
Full textFaval, Joseph François. "L' évolution du droit pénal des mineurs en droit comparé : droit français et droit syrien : Contribution à la théorie générale de la responsabilité pénale." Paris 2, 2006. http://www.theses.fr/2006PA020005.
Full textArnaud, Paul Robert. "Substituts ou compléments du procès pénal en droit comparé." Paris 2, 1997. http://www.theses.fr/1997PA020081.
Full textMansour, Saad. "L' influence des liens de parenté dans le système pénal : Etudes comparatives." Paris 2, 2008. http://www.theses.fr/2008PA020040.
Full textDbouk, Hussein. "La tentative en droit comparé : Liban-France." Perpignan, 2010. http://www.theses.fr/2010PERP0989.
Full textThe lack of providing a clear definition of the criminal attempt concept in the Lebanese and in the French criminal laws oriented our study to alleviate this lack, as much as possible, going through a goal even more important than the theoretical division of the offender committed acts into two groups: the beginning of execution, which is punished, and the preparatory acts which is unpunished. Its practical methodology is essentially very important, where as the same material act is qualified as an act of execution or as a preparatory act, it might be punished or not. This question of qualification is entirely based on the interpretation of the beginning of execution concept. Generally, the modern criminal codes set the level of criminality by the beginning of execution, which characterizes the attempt. Indeed, both Lebanese and French codes haven’t proposed, neither a definition for the beginning of execution concept, nor provided a criterion for distinguishing the beginning of execution from the preparatory act, which remain in principle, unpunished. On this subject, the doctrine is very contested, and also divided between two opposing concepts; one is objective, and the other is subjective. The study of the criteria adopted by Lebanese and French case law allows to give a clearer definition to the concept of attempt, knowing that the comparison between the various proposed solutions and the multiplicity of types of crime makes it difficult to find a single model of the beginning of execution, because the situations are very different from one offense to another
Tcheumalieu, Fansi Manuel Roland. "Les Stratégies de modernisation des instruments financiers de paiement : étude comparative Europe-Afrique." Strasbourg, 2010. http://www.theses.fr/2010STRA4007.
Full textThe financial means of payment as weil as the means of debt settlement are real drivers of business development since their set up makes transactions more perfect. . - The need to enhancy strategies used to exploit these means of payement has imposed itself on our era which is domiiiated by NIT. Modem strategies which developed in Europe have henceforth enforce themselves in Africa thanks to changes in the systems ofpayment which highly,justifY the concem that monetary authorities and groups ofbanks have about assuring celerity and security in the new business environrnent through the set up of much more adapted means of payment. The interest of this study is to make a comparative judgement on the policies put in place in both continents which may surely lead to interpretation of analogies and notably of particularities
Kousha, Jafar. "Essai sur la peine à la lumiére du droit pénal français et iranien." Montpellier 1, 1996. http://www.theses.fr/1996MON10047.
Full textThe systems of punishment are limited both to the legitimacy of power and to the political model. The right to punish in a secular state such as france, belongs to the public authorities. In the islamic republic of iran, according to divine and national sources of the constitution, this right belonged to both authority and to the offended party. The essential function of punishment in criminal matters like in "houdoud" and "quissas" is repression. But on the other hand, according to the principe of the individualization of the punishment, substitutive measures and the action of judges in no rudictable offenses and in "tazirat", "bazdarandeh" , the functions are both preventive and pedagogical. Finally, punishment shoud be given in the perspective of compensating the victim of the offense