Dissertations / Theses on the topic 'Droit pénal de l’environnement'
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Cappello, Aurélie. "La constitutionnalisation du droit pénal. Pour une étude du droit pénal constitutionnel." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020077.
Full textConstitutionalization of criminal law refers to the growing ascendancy of the Constitution over criminal law due to the densification of constitutional principles and the diversification of constitutionality controls. The Constitutional Council is not the only body wherefrom this phenomenon originated, although its prime contributor. By sharing their powers and exchanging doctrines, all authorities that control, elaborate and apply criminal law make it compliant with the Constitution and contribute to the construction of the criminal part of the Supreme Law. Moreover, whilst constitutionalization promotes the Constitution, it first and foremost contributes to the legitimization of criminal law itself. All constitutional principles, as set out in statutes and construed by the Council, are imbued with a humanistic philosophy. Formalization of and compliance with these principles encourage individuals to accept and subscribe to criminal law, as they see it as fair and well-founded. Constitutionalization is therefore a process driven by the growing interaction of authorities and a factor of legitimization of criminal law. Yet, whilst constitutionalization is a process, constitutional criminal law is its outcome. Constitutionalization does indeed give birth to a new kind of criminal law, constitutional criminal law. Now under the influence of the Constitution, criminal law is elaborated and applied in the light of the Supreme Law, and cannot be understood nor comprehended without reference to it
Gomez, Elisabeth. "L'imputabilité en droit pénal." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD008/document.
Full textAfter a chaotic intrusion in the theory of penal liability, imputability can today appear as a classical notion. The general doctrinal consensus is that it depends on a subjective definition, implying the offender’s discernment and free will. Moreover, the notion of imputability is unanimously considered as the basis of penal liability. However, cohabitation between the various conditions of penal liability, particularly between the concepts of guilt and imputability, may not be as steady as it seems. Indeed, the independence of these notions has actually never been clearly demonstrated, for their respective components represent the subjective conditions creating penal liability. Nevertheless, this topic is far from being anecdotal, specifically among several fundamental institutions of criminal Law, in which the notions of infraction and complicity are involved. Thus, the definition of imputability may deserve some adjustments, and imply, consequently, a reworking of the release condition coming under imputability. This study also aims at proving that imputability is an irrelevant element to the concretely committed offence. This specific part in penal liability, highlighting the link between imputability and the penalty imposed in response to the committed offence, enables a wider vision of the concept that could help facing the upheaval resulting from the entry of criminal Law in the post-modernity era. The latter, that one could associate with the beginning of the century’s penal neopositivism, also implied the resurgence of the concepts of risk and dangerousness. The impact of this evolution about imputability may seem radical : end of the unitary aspect of the notion, emergence of the concept of imputation towards legal entities, and even total erasure of imputability towards natural persons. And yet, some solutions to the reconstitution of the exigence of imputability will be developed, not only in a substantial approach, where imputability will be understood as penal capacity, but also in a procedural approach – thanks to suggestions of procedures taking the offender’s psyche into account. In the end, imputability seems to play a major part in the organization of a balanced cohabitation with the concept of dangerousness, by condemning a strictly hypothetical consideration of dangerousness, without excluding a potential reservation after the penalty
Pichnamazzadeh, Mirghassem. "L'erreur en droit pénal." Paris 2, 1989. http://www.theses.fr/1989PA020082.
Full textIn criminal law the question of error has to be put in terms of the responsibility of a penal subject, i. E. An intelligent and purposeful being who is capable of breaking the law from a penal point of view (acting with intent or committing an unintentional offence). But error and intent are incompatible; therefore, error is a cause for non-guilt. Itfollows that, whatever the nature of the error, the effect is the same when an offence is, to be committed with intent, regardless of the fact that it was evitable or unavoidable, insofar as it reveals the good faith of the "offender". Accordingly, presumed knowledge of the law (with respect to offences committed with or without intent) cannot be taken into account, as a "component", when defining guilty intent. The basis of guilty intent is factual knowledge and wilful breaking of the law which, taken together, characterise the psychologically selective attitude of hostility or aggressivity towards the values of society that are protected by criminal law. In principle, ignorance of the law is immaterial; so is knowledge of the law. Neither can prevent the individual from acting with intent. Consequently, there is no reason to appeal to a "fiction" or an "unrebuttable presumption" in order
Arnal, Jérôme. "Cybercriminalité et droit pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10044.
Full textPadovani, Jean-Pascal. "Terrorisme et droit pénal." Nice, 2001. http://www.theses.fr/2001NICE0043.
Full textTerrorism is a kaleidoscopic notion, multifaceted, gathering a multitude of political, economical, socials, philosophical criterions. Difficult is so for all these countries tormented by this world-weariness to legislate. Furthermore, states, not having suffered from this modern scourge in same way, analyse it differently, analysis that not aim for development of common incrimination. Yet only this common incrimination can allow an effective repression against terrorism that become international, through implementation of legal and police means of fight regarding to the international and regional level. Terrorism moving and using frontiers 's opening in order to strike victims indistinctly all over the world, intergovernmental cooperation, through an international solidarity between countries, needs that each nation give up partially sovereignty to participate, through international treaties, to the drawing up of terrorism 's jus cogens, based notably on recognition of automatic extradition principles and depoliticisation of terrorist act
Schlanger-Stolowy, Nicole. "Droit pénal et comptabilité." Paris 1, 1997. http://www.theses.fr/1997PA010267.
Full textThis dissertation aims at showing the relationship between criminal law and accountancy. This relationship appears firstly in the area of the criminal liability of managers. Several classifications have been prepared dealing with felonies in relation with their accounting component. We propose to introduce felonies where accountancy is the main object of the misdemeanour. This is namely the case for certain felonies related to bankruptcy, for the publication and presentation of unfair financial statements, and for the distribution of fictitious dividends. Moreover, there are felonies relating to ordinary criminal law. We can quote for example swindle and breach of trust. These misdemeanours are related to accountancy which is an evidence of the felony. If criminal law is a component of the managers' liability, it is also important as a punishment of accounting professionals: public accountants, statutory auditors. This criminal liability may arise from the right to exercise the mission. It may also appear in the way the mission is performed
Laurent, Philippe. "Contrat et droit pénal." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32003.
Full textLéger-Gressot, Séverine. "L'oubli en droit pénal." Montpellier 1, 2000. http://www.theses.fr/2000MON10078.
Full textSauvant, Florence. "L'erreur en droit pénal." Nice, 1997. http://www.theses.fr/1997NICE0015.
Full textTeillot, Line. "Religion et droit pénal." Paris 2, 2002. http://www.theses.fr/2002PA020065.
Full textBerté, Stéphanie. "L'intention en droit pénal." Paris 10, 2005. http://www.theses.fr/2005PA100054.
Full textIntention is the desire to achieve an aim of which the illegal nature is known to the author, and normally is one of the constituent elements of most of the infractions. Frequently, jurisdictions do no more than hide behind the triple protection of the material accomplishment of an antisocial act, of the rule “everyone is considered to be aware of the law”, and of the system of proof based on presumptions to prove intention. Consequently, jurisprudence considers proof of intention to have been established from the moment that the material element has been proved. So that penal law serves as a means of instruction, it is essential that its applications be detached from any arbitrary element. However, in connection with intention, the repressive function of penal law has assumed greater importance over its pedagogic function, and this has been made possible by the absence of a strict definition of this idea. Starting from this point, the rule of law appears to compromise with uncertainties when it serves a political purpose
Maury, Olivia. "Famille et droit pénal." Paris 2, 2006. http://www.theses.fr/2006PA020045.
Full textHaïk, Raphaëlle. "Droit pénal des contrats." Paris 11, 2008. http://www.theses.fr/2008PA111017.
Full textRodas, Jean-François. "L'injonction en droit pénal." Paris 2, 2004. http://www.theses.fr/2004PA020050.
Full textMama, Abdoulatif Issa. "L'arrestation en droit pénal." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30014.
Full textThis research aims to solve the eternal humans societies problems : to conciliate the liberty with the power. To study the criminal law arrest, to seek its foundation, to determine its extend and to delimit its area application, it means to conciliate very different rights whose antagonism is permanent. In other terms, it is the struggle between individual's rights and these of the representative of the public authority. It is this dualism that makes the difficult of our subject : it's necessary to conciliate individual's interests and the imperatives in the ordre public ; in other terms, person's right and arrest's power. In a first part, the study of arrest's power returns to the analysis of the recourse and the progress to the arrest. The second part is relative to the guarantee of the person arrested. This part of the researche describes what follows : whatever is the hypothesis in the course of which intervenes the arrest, it has be able to unfold in national's norms and international conventions
Lajus-Thizon, Emmanuelle. "L'abus en droit pénal." Bordeaux 4, 2009. http://www.theses.fr/2009BOR40037.
Full textThe qualified behaviours of abuse by the criminal law present criteria which establish the existence of a general concept of abuse in this branch of law. Thus any repressive text which aims at an abuse requires that it be the factor of a person holding a legal power expressly determined by the penal norm. This prerogative, granted or recognized by the law and making it possible for its holder to impose his will on others in an interest at least partially distinct from his, is conceived in an extensive way by the criminal law which admits that it can result from a situation of right or fact. Prerequisite to the abuse, necessary to its characterization, the power comes to delimit the field of it and to found repression of it. But the abuse in criminal law necessarily, leading its author to the illegality, if it is caused by the power, cannot be defined as while being the exercise. The definition of abuse forces to resort to the concept of authority connected the power, characterized by the aptitude for being believed or being obeyed recognized by the victim to the author of the abuse because the confidence which causes the legal power that he holds on her. The protean nature of the authority and the system which it forms with the power from which it remains distinct give all its coherence to the abuse, which the consists of an excess of power by the diversion of the authority which is connected there. This unit definition makes it possible to identify among the accused acts those which can or not be qualified abuse. Beyond, the concept of abuse has some utility for the criminal law, since it influences the nature of the incrimination and the methods of the repression of the abusive behaviours
Favard, Bastien. "Haine et droit pénal." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0031.
Full textHate left painful scars in our societies that will never be forgotten. The rise of terrorism and the growing tensions among communities raise concerns about a possible long term instability of our society. Criminal law is the one able to stop this phenomenon but such a task is not without difficulties. The first of them is to understand and define hate, both on its effects on the mind and the shaped of its demonstrations. The modern means of hate transmission are tightly tied to the hate ability to have a strong hold on the most vulnerable people. The control of internet is one of the key to succeed but is far from an easy thing. The complexity of it, both technological and legal, slows down the legislator work. This obstacle, associated with the wave of terrorism, put the criminal courts in a tough situation. If the only way to prevent hate is to stop it before reaching the point of non return, preventing it is complex. The balance with the fundamental liberties is very delicate and the freedom of speech is often the first one hurt. Punishing incitement to hatred or denial of crimes against humanity leads necessarily to censorship. The conditions of this censorship are the subject of many debates and strong oppositions. In this case, the role of regional and international institutions is fundamental, especially to direct the aging french law towards the right direction. The criminal law regarding hate is indeed still widely limited to the press legislation while hate now used many different means to spread. The legislator and justice need to work together in order to create new offenses, improve the already existing offenses and prevention, always respecting fundamental liberties. Globally, it is all the countries together that must face together these new threats
Claverie, Charlotte. "L’habitude en droit pénal." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40045/document.
Full textHabit is a concept known by many disciplines such as philosophy or psychology. If Law is not an exception, the repressive function of criminal Law gives to the habit a specific sense by punishing penal habits.Far from assimilating penal habit and criminal habit, the thesis holds a purely legal and objective conception, disconnected from references to the offender’s dangerosity. The study, resolutely technical, suggests, from five legal institutions (habitual offence, habit as an aggravating circumstance, subsequent offence, repetition of offences and combination of offences) a unitary notion of the habit in criminal Law and a better adapted repression to the habitual offender’s specific criminality.Penal habit is defined as repeated behaviours joined by a legal link, mainly analogical and temporal. This notion allows a repression of habit adapted to its specific characteristics. Thus, the legal repression is influenced by its double pattern, physically plural and legally unitary. In the same way, punishment is influenced by the link joining behaviours.Taking examples from comparing foreign criminal legislations as well as private French law, this study emphasizes assets and weaknesses of the criminal law approach of habit
Liu, Xin Kui. "Étude comparée du droit pénal chinois et du droit pénal français de l'entreprise." Paris 11, 1998. http://www.theses.fr/1998PA111009.
Full textThe chinese criminal code revised on the 14 match 1997 has enriched several provisions facilitating a comparative study between chinese and french company criminal law. By way of introduction to the current research, the evolution of criminal law in the people's republic of china, the methods of updating chinese criminal law in 1997 and the definition of chinese company criminal law were examined. The first part of the thesis is a comparative study of general provisions of company criminal law. This study concerns firstly the requisites in constitution of the offence, namely, the subject of the offence, the subjective aspect, the objets and the objective aspect of the offence. It subsequently involves an analyse of the sanctions and the essential elements taken into account to determine them. There are common points and differences between the criminal law of these two countries relating, in particular, the penal responsibility of the legal persons, the joint offence and the categories of sanctions. The second part is devoted to the comparative study of special provisions of company criminal law. The comparison firstly concerns offences relating to the management of the enterprise, namely offences against the interests of the company and in relation to negligence. Offences relating to the finance of the enterprise, namely these concerning its capital, its accounting and financial activities are examined in the same way. The offences contained in chinese criminal law are less precise, but the sanctions are more severe. In the general conclusion, the result of the present research, the interest and the viewpoint witch represent were set out. It appears that the existence of a single economic law inevitably leads to the drawing together of legal systems of different countries. Several general principles may be drawn in order to achieve an internationalisation of company criminal law
Auger, Deborah. "Le droit de propriété en droit pénal." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32009.
Full textArticle 544 of the Civil Code, which defines the right of property, is one of the most well known, not to say the most renowned disposition of the Code. While numerous studies have been devoted to the right of property, few authors have looked into the relation between the right of property and criminal law. There are numerous practical applications however. The modern problem of theft of intangible property is sufficient illustration. The traditional conception of property, which limits property to tangible objects, is not adequate any more for economic, strategic and juridical reasons. In fact, the definition of property in criminal law has to be addressed differently. It can be answered satisfactorily, only if we envisage the right of property through the prism of its content. Indeed, the object of the right of property can only be conceived when we take into account the powers which might be exercised on it. On this point, there is no choice but to recognize that the cardinal element, that is, the essence of the right of property, is missing in article 544. Resolving this question necessitates clarifying what is essential about the right of property in criminal law and identifying what does not participate to its essence. Defined as an "accumulation of prerogatives", the property is freed from the materialist constraint of classical doctrine, to embrace new economic realities
Swaitti, Ahmed. "Les violences envers les femmes : approche comparative, droit pénal français- droit pénal en Palestine." La Rochelle, 2010. http://www.theses.fr/2010LAROD020.
Full textIn Palestine, gender-related acts of violence against women is a taboo but is practised in silence, accepted and even socially justified. The answer to this domestic violence requires a criminal remedy in three steps: a moral awareness concerning this form of violence, criminalizing these acts, really resorting to the courts. Palestine still has a long way to go before it reaches this goal. It is essential to set up a concerted action so as to make sure that Palestine meets its international obligations in order to prevent and ban these acts of violence towards women. After making an inventory of this form of violence inflicted on women and analysing the historical, cultural, social and legal context in Palestine, this comparative research between the French and the Palestinian systems will unfold around two lines. In the first part, the main principles of the protection of human rights are highlighted as mentioned in the international conventions and as necessarily applied to women. Most important are the principles of equality and dignity which can help change women’s situation. Criminal law must echo the protection of these fundamental values by endeavouring to include the incrimination of behaviours which are contrary to these principles. If French criminal law widely includes this protection, on the other hand it is still at the rough stage in the criminal law as applied in Palestine because it is strongly influenced by cultural tradition. The tolerance for polygamy and the incrimination of adultery are striking examples of the inequality between men and women and of the discrimination. The second part more precisely deals with the criminal remedies for gender-related acts of violence, through the honour crime and sexual offences. The comparative study also shows huge differences between the French and Palestinian legal systems: tolerance and sometimes justification of these offences in the second one and on the other hand, increased repression in the first one. This thesis would like to offer solutions to reduce gender-related acts of violence against women. To do so, it seems adequate to encourage the creation of a workshop on the state of law in Palestine (legal and practical range), as well as recommend a precise and adequate legislation. Consequently, it is necessary to set up actions to inform and educate the youth, decision-makers, law enforcement bodies, magistrates and religious Imams so as to modify the mentality of the Palestinian society. Thanks to the education of citizens, the criminal principles will approach the requirements of a modern society, as they are inspired by Beccaria’s thought on the demands linked to offences and penalties. Fundamental principles must appear in the Palestinian criminal law: absolute equality between men and women and incrimination of any violation and act of discrimination toward women. However, it is not enough to assert principles; they have to lie upon a solid basis and should merge without leading to incompatible results. We thus hope we have managed to highlight some core principles in the present research, while leaving to the facts the importance they must have
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
Montagne, Camille. "Lien familial et droit pénal." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD010/document.
Full textStudying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses
Royer, Guillaume. "L'efficience en droit pénal économique." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20013.
Full textNgarkassa, Philippe. "L'insolvabilité et le droit pénal." Tours, 1986. http://www.theses.fr/1986TOUR1002.
Full textInsolvency is the state of any individual who is in the utter impossibility of paying off his debts. Penal law is ieterested in this concept at the level of the infringements in two ways. On the one hand, implicitly, as far as swindling offences are concerned. So, before examining its determinant role in the constitution of this offence, we found it necessary to see in it an exclusive cause of the charge, at least extenuating circimstances of penalty. On the other hand, explicity, in offences regardind fraudulent insolvency the proceeding of which is consisted either in the increase or discrease of the debt. But does penal law penalize insolvency. No, because in both cases, law only proscribes behaviours revealing or intending to organize it. The effectivenessof this sanction is induhitable when insolvency is organized because both the public treasory and the creditor have meams to compel the delinquent to pay off his debts he is proved to be solvent. But regarding the real insolvent who has no estate and from whom law cannot get a single penny, the problem is quite different. He cannot pay off his debts, therefore meney penalties are null and void. Noreover, his emprisonnement cost a grest deal of money to taxepayers. To bring an action against him, the judge has to resort to substitution measures. Theses measures are garantees that are penal by nature, and which very often let the victims hopless. It is the reason why, in order to fill the gaps, the legislator appealed to national solidarity for their compensation when the author of the offence is insolvent, which enabled penal law to gain authority in this ares in wich it was powerless
Destre, Marie-Françoise. "Le témoin en droit pénal." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32053.
Full textThere is an absence in our postive law of a general theory of evidence. Of course the freedom of proof and the system of intimate conviction exist, but not a code of evidence. The testimony is on an equal footing with the other modes of proof at first sight. However, it's often the only evidence wich can be collected and exploited immediatly on the scene of crime. But it can be an error or a lie. To day there is an improvment in duties and rights of the witness. Two principal duties must be distinguished : to appear and to depose. The obligation of appear has been weighed down under the influence of the european court of men rigts, in application of the article 6-3 d ecmr the duty of depose has been lightened. It suppresed in the flagrant investigation. There are some exceptions to the duty of depose, exceptions linked to certains jobs like doctors, attorneys and journalists. Face to these duties, the witness has some rights. He's protected during the instruction and the trial by the rules of procedure. At the instruction, the witness are listened without publicity and out of the presence of the indicted person. The witness have a right to a protection against defamation, insult, threats. The rights of the witness have been amplified by the articles 104 and 105 of the penal procedure code, since the law of the 24th of august, 1993
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Le, Page Brigitte. "Les transactions en droit pénal." Paris 10, 1995. http://www.theses.fr/1995PA100183.
Full textAccording to article 6 of French code of criminal procedure, the prosecution shall be extinguished by amicable settlement if expressly provided by the law. All amicable settlements are methods of eviction of proceedings in court. However, the main characteristic of the amicable settlement relating to criminal law is that prosecution is at the heart of this practice. Since the amicable settlement relating to criminal law is a mode of prosecuting the offender, performance of the punishment set out by the settlement has one consequence: the extinction of the prosecution, which excludes definitely all criminal trial. Various amicable settlements relating to criminal law exist and the complexity of the subject research is a result of the dissemination of the texts which permit this practice and of the absence of a unique legal system. Some amicable settlements are fixed-priced, others are discretionary. First, the fixed-priced amicable settlements lead necessary to the application of criminal law. Accordingly, the offence is turned into a financial obligation which is previously fixed-priced. As far as minor offences are concerned this practice may become a general repressive method against minor offences. Second, the amicable settlements which are discretionary. They apply to areas of the law where the administration has exorbitant powers. These settlements require
Guédon, Jean-Philippe. "Criminalité organisée et droit pénal." Paris 1, 2002. http://www.theses.fr/2002PA010324.
Full textBon, Pierre-André. "La causalité en droit pénal." Poitiers, 2005. http://www.theses.fr/2005POIT3014.
Full textIn order to specify the conditions of the social response to an indictable offense, the criminal law analyses the concept of causality in human behaviour. Given the principle that one can only be responsible for her or his own doings, the criminal judgement seems indissociable from an examination of the causality, since the identification of a material link between the actions of a person and the offense which is committed is an essential precondition of the trial. Causality remains a component of criminal responsibility but it has to be relativized at least when the causal link is not clearly established. Therefore the indifference to the occurrence of an effective result, showed by both the legislator and the judge, leads sometimes to grasp causality as a virtual notion and displays the polymorphism of this concept in criminal law. The study of causality from a systematic and technical view unveils a complex reasoning to comprehend the stages in the commission of an offense. Nonetheless this causal reasoning is submitted to the principle, in French criminal law, of legal predetermination of indictable offenses since it takes part in the identification of the illegal actions. But it is not a rigid construction. As criminal responsibility requires the satisfaction of conflicting interests (and a social relief), the judge has to adjust the figure of causality. Therefore the importance of this notion regard to the other components of responsibility can vary, so can its definition. It eventually shows the very pragmatism of legal reasoning
O'Sullivan, Eugene. "L'obscénité en droit pénal canadien." Poitiers, 1994. http://www.theses.fr/1994POIT3006.
Full textThis thesis examines judicial discourse and commentary on obscenity law as prescribed by section 163 of the criminal code of canada as well as the constitutionality of this section in light of the canadian charter of rights and freedoms this thesis is divided into two parts. In the first part, section 163 of the criminal code is examined. This part looks at the origins of obscenity law in england, the evolution and interpretation of section 163 in canadian law between 1892 and 1994 in regards to the different infraction, the legal definition of obscenity and the defences available to the accused. In the second part of this thesis, the case law dealing with the constitutional validity of section 163 of the criminal code is examined since the enactment of the canadian charter of rights and freedoms in 1982. The following issues are analysed : the principle of fundamental justice, the presumption of innocence, the theory of vague of voidness and freedom of expression
Marion, William. "Le droit pénal de l'immigration." Paris 2, 2002. http://www.theses.fr/2002PA020057.
Full textMazzetti, Carole. "Les motivations en droit pénal." Nice, 1997. http://www.theses.fr/1997NICE0037.
Full textDi, Pinto Christian Donato. "Le détournement en droit pénal." Nice, 2002. http://www.theses.fr/2002NICE0015.
Full textRocca, Michèle. "La discrimination en Droit pénal." Nice, 1997. http://www.theses.fr/1997NICE0043.
Full textBouhnik-Lavagna, Sophie. "Le pardon en Droit pénal." Nice, 1998. http://www.theses.fr/1998NICE0014.
Full textBallerat, Pascale. "La médicalisation du droit pénal." Tours, 1999. http://www.theses.fr/1999TOUR1001.
Full textJoffroy, Nathalie. "La provocation en droit pénal." Nice, 2000. http://www.theses.fr/2000NICE0047.
Full textLaref, Laure. "La surveillance en droit pénal." Thesis, Limoges, 2020. http://www.theses.fr/2020LIMO0043.
Full textSurveillance has secular links with criminal law, their combination making it possible to meet the objectives pursued by criminal justice, namely the prevention and repression of offenses. New technologies, by facilitating the implementation of remote monitoring but nevertheless always more precise, have undoubtedly reinforced the interest of their acquaintance. This observation is confirmed with regard to situational surveillance which allows for penal management of spaces as well as for behavioral surveillance which facilitates penal management of conduct. Situational surveillance, that which mobilizes space to grant it a punitive function or which, on the contrary, deploys to prevent the threats it conceals, manifests itself in closed as well as in open environments, electronic surveillance blurring the limits - residual - which may exist between these two spaces. Behavioral surveillance, that which allows the authorities to refine the criminal management of the conduct of citizens, and even more so of individuals grappling with justice, today tends to penetrate both their body and their "being" in order to strengthen effectiveness of the devices used. The juxtaposition of these two forms of criminal surveillance - situational and behavioral - calls for the vigilance of the highest bodies and jurisdictions protecting human rights because of the fears and excesses that it arouses. However, the latter are struggling to find a satisfactory balance in the equation that is played out between the preservation of individual rights and freedoms and the purposes pursued by criminal law, especially since the latter, reassessed in the light of the concept of dangerousness, postulate more than ever the development of surveillance
Dassa, David. "Ethique humaniste et droit pénal." Paris 11, 2004. http://www.theses.fr/2004PA111003.
Full textCampana, Ariane. "La jurisprudence en droit pénal." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32070.
Full textJurisprudence as we know it today is the result of a long evolution throughout societies. The characteristics of this old notion, well-known among jurists, differ according to which juridical system is considered. It is a reflection of the society it has evolved in. In France, the jurisprudence has at times been rejected, at other times been considered as a source of law. The criminal law principle constitutes the main obstacle to its emancipation and existence. Thus, what is the originality of jurisprudence within criminal law ? Today its utility is evident, its status informally accepted and it definitely constitutes a source of contemporary criminal law. Thence, this work examines how this originality expresses itself, dealing with the existence as well as the effectiveness of jurisprudence
Nogaro, Sophie. "L’information et le droit pénal." Paris 9, 2008. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2008PA090052.
Full textAny information is characterized by the number of elements, which has to be made known to others, as much as by the intrinsic value of these elements. In order that criminal law guarantees an efficient spreading of information, it is thus vain to protect the contents of the information only from one quantitative point of view. Consequently, it is advisable to complete this protection by qualitative guarantees. Each of these two aspects is also necessary. However, their difference in nature might imply dissimilarities to the intensity of protection. It is easier to increase the volume of provided information than to increase their quality. In spite of this, one can nowadays wonder whether the necessary balance between these two aspects is not broken
Pardo, Frédéric. "Le groupe en droit pénal." Nice, 2004. http://www.theses.fr/2004NICE0049.
Full textThe group in criminal law puts the problem of the apprehension and the repression of the collective crime and participants' plurality in the malpractice, whatever can be its demonstrations ; these works so have for ambition to replace the various apprehensions of the group in a linear step, and want systematism. So as it will be attempted to loosen a certain cohesion in front of the visible dispersal of our repressive arsenal. It is a question of connecting the various perceptions of the group and of following the progress, so many criminological realities that social reactions. In the alder of this systematic approach of the group, are measured, in terms of opportunity, critics, evaluation positive and forward-looking, the various penal perceptions of the group, that the social reaction is ex ante, or ex post. The group appears at first as measuring instrument of the crime in power, then as a revelation of the crime in action. The repression follows a dynamics of extension, directed to the repression of the biggest attendance figures
Martin-Valente, Sophie. "La provocation en droit pénal." Paris 11, 2002. http://www.theses.fr/2002PA111004.
Full textSerre, Samuel. "Le droit pénal du vin." Montpellier 1, 2005. http://www.theses.fr/2005MON10024.
Full textLaronde-Clérac, Céline. "La civilisation du droit pénal." La Rochelle, 2002. http://www.theses.fr/2002LAROD007.
Full textRotgé, Laurent. "Le conjoint en droit pénal." Nice, 1999. http://www.theses.fr/1999NICE0052.
Full textSimian, Raphaël. "Le harcèlement en droit pénal." Nice, 2005. http://www.theses.fr/2005NICE0017.
Full textHarassment is a social issue which was ignored for a long time before being recognized during the course of the last few years as a major problem in our society. It has become necessary to introduce legal protection. However, we question the manner in which penal law will be given the opportunity to intervene, considering the complexity of harassment as a concept. It is difficult to give a precise definition of what this expression covers, with the result that defining it as a penal concept seems to be a tricky legal procedure. In addition, penal apprehensions of harassment occur regardless of the principles which govern this issue. Consequently, if the penalisation of harassment has had an undeniable impact in the media, the penal laws that have been introduced are limited in practice. Nowadays, the manner in which harassment is dealt with does not measure up to the requirements of penal law and this indicates that the solution to this issue of harassment lies in its prevention
Gatto, Caroline. "Le pardon en droit pénal." Nice, 2012. http://www.theses.fr/2012NICE0019.
Full textLegal forgiveness was built on top of religious and moral foundations. Yet, legal forgiveness remains quaint and its appliance is controversial. No project or proposal for legal forgiveness has yet succeeded. However, it doesn’t means that the logic of forgiveness is absent from the legal world. Juristically speaking, the forgiveness in criminal law can be linked to other forgiveness institutions like the excuse or the obliviousness. It still remains an uncommon notion. The value of forgiveness varies given the moment when it occurs. Only forgiveness as an impunity, because it undermines the legal norm, must be marginalized. Forgiveness fades away as prevention is threatened and danger gets more precise. Although, marginalizing the forgiveness as an impunity must not lead in dropping the use of forgiveness for re-socialization. The exemption or the attenuation of sentences given to the convict in exchange for a confession illustrates the possible conciliation between forgiveness and repression. It does not means that a confession is a sufficient condition in order to benefit from legal forgiveness in any circumstance. The convict will have to provide a sufficient effort both towards society and the victim. This effort from the convict doesn’t exclude the one from society. However, the risk for recidivism is never totally excluded, the obliviousness of the act of infringement for the convict who have paid his debt toward society is hard to implement. Yet, the refusal to definitively eliminate the convict, characterized by the abolition of the death penalty and the prohibition of the real perpetuity, isn’t the proof of a social will to make forgiveness and its resulting liberty the ultimate steps of repression? Despite the fear of the risk, shouldn’t Criminal Justice, as being human, refuse to lay aside the human and his dignity behind the convict?
Marey, Anne-Claude. "La menace en droit pénal." Dijon, 2005. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/8bca9c06-b5ef-4618-8c32-334f7dc89c6c.
Full textThe use of the notion of threat deeply increased these last years in criminal law what made necessary to explain a coherent regime of it. First, the threat must be distinguished from the violence and from the constraint, with whom it is often confused. If all three are means of pressure, allowing to characterize offense, only the threat has an effect of consent and vitiate it. It is then an equaliterian imperative of law and order that aims at repressing the threat by protecting the principle of autonomy of the will. But the notion of threat can also justify by itself a repression. Indeed, the society cannot tolerate that a person defy it with impunity to violate its standards. In that case, the security imperative of law and order is disturbed and must be restored, nobody not being able to boast of violating the social contrat. The threat thus appears as a functional notion, its regime dependent on its use by the law