Dissertations / Theses on the topic 'Droit pénal de l'environnement'
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Courtaigne-Deslandes, Coralie. "L'adéquation du droit pénal à la protection de l'environnement." Paris 2, 2010. http://www.theses.fr/2010PA020044.
Full textGardner, André. "La portée de l'arrêt Kienapple en droit pénal de l'environnement." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ55584.pdf.
Full textPignarre, Pascal. "La répression pénale des atteintes à l'environnement causées par les entreprises." Nice, 1996. http://www.theses.fr/1996NICE0020.
Full textDorigny, Julien. "La notion d'environnement en droit pénal français et canadien." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/38199.
Full textThe protection of the environment through penal law is a real challenge for the future. However, it is enough to look at the substance of the protection regime to see that it contains a number of specific features that still make it insufficiently effective. It will therefore be necessary to study the penal law's understanding of the notion of the environment, both in Canada and in France, from a comparative law perspective, through the common core of penal offenses. However, to understand how we protect, we must clearly identify what we are protecting. It will therefore also be a question of studying the very definition of the environment as protected by penal law. All this will make it possible to more effectively identify what constitutes the notion of the environment in French-Canadian penal law.
Lissa, Geay Lorenza. "L'harmonisation du droit pénal des déchets en Europe : étude comparée franco-italienne." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D084.
Full textFrance and Italy must solve the dramatic problem of preventing, managing and eliminating large quantities of incresingly dangerous waste. The historical differences between the legal traditions of these two countries justify a comparative study of their respective criminal arrangements to combat waste crime with european law in the backgroung. In order to cope the weakness of international law, European law had accept several major challenges. It created a common waste language, based on a complex of shared notions and definitions, it has harmonised the administrative law of waste and it has imposed on Member States obligations to inctiminate harmful behaviour or dangerous behaviour committed by malicious or coulpable negligence. But other challenges have to be faced. The quality of criminal law must be improved and made compatible with fundamntal principles tested by the referral technique and the precautionary principle. In particular, respect for the principles of legality and necessity of punishement must be garateed. In addition, for the time being, it has not possible to harmonise general criminal law or penalities. Moreover, the national legislator is sometimes seduced by the sirens of urgency and adopts questionables mesures to teckle the crisis of waste, as happend in Italy in recent years. All theses problems hinder the harmonisation of waste criminal law and will be solved in the years to come
Gagnon-Rocque, Ariane. "La peine en droit de l'environnement canadien : de la sanction dissuasive à une approche centrée sur la réparation de l'atteinte." Master's thesis, Université Laval, 2011. http://hdl.handle.net/20.500.11794/22832.
Full textEn raison du peu de doctrine portant sur la pénologie environnementale canadienne, le présent mémoire visait d'abord à présenter le portrait du paysage juridique en cette matière. Ce faisant, il est rapidement apparu que la détermination de la peine en droit de l'environnement par les tribunaux canadiens souffrait de certaines lacunes, principalement au niveau de l'importance accordée à l'objectif pénologique de la dissuasion. Cet accent indu menant à l'imposition de sanctions pénales aussi inefficaces qu'ineffectives, une nouvelle approche devait être offerte aux tribunaux canadiens. Il s'agit donc du second objectif du présent mémoire. S'inspirant de la philosophie de la justice réparatrice, une approche centrée sur la réparation de l'atteinte découlant de la commission d'une infraction environnementale est proposée aux tribunaux canadiens afin que la peine imposée puisse s'avérer aussi efficace qu'effective et s'harmoniser au particularisme du droit de l'environnement.
Bannelier, Christakis Karine. "La protection de l'environnement en temps de conflit armé." Paris 1, 2000. http://www.theses.fr/2000PA010331.
Full textLasmoles, Olivier. "La gestion des risques maritimes environnementaux : contribution au renforcement de la protection de l'environnement marin." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010261/document.
Full textThe impact of the maritime catastrophes of recent years such as Erika, Prestige, and Deepwater Horizon, has confirmed the concerns regarding marine pollution, both with the general public and political decision-makers. Has no lesson been learned from these events? Calls for greater awareness for environmental protection have had little impact on the practices of transporters and shipowners. Violations of the marine environment must be halted as soon as possible, using suitable and effective methods. Maritime law, which relates to navigation by sea, is no longer able to protect the environment because it is based on principles of civil responsibility. Changes in obligations suggest that this should be replaced by principles derived from common law on the environment, based on criminal responsibility. In the first part, the identification of maritime risks, both old and contemporary, demonstrates that in spite of some developments in technology and an increase in its complexity, it remains fundamentally identical, with the backdrop of the sailor, the navigator, acting within the framework of an organization. In the second part, the analysis of the treatment of technical risks demonstrates, firstly, the capacity of maritime law to reform, taking the lead from good practice derived from the offshore industry. Secondly, the analysis of legal risks confirms that maritime law, in spite of its imperfections, has the resources to reform and respond to contemporary expectations in environmental matters
Martin, Fiona. "La responsabilité pénale des personnes morales en droit de l'environnement en France et au Canada." Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/67085.
Full textLa nécessité de préserver l’environnement fait progressivement consensus sur la scène internationale. De plus en plus, les états se pourvoient de mécanismes répressifs et préventifs afin de sauvegarder l’environnement. La personne morale, principale source de dommage écologique est également soumise à cette responsabilité pénale environnementale. Dans une approche comparatiste, il s’agira d’analyser les mécanismes permettant d’engager la responsabilité pénale d’une personne morale lorsque celle-ci commet une infraction environnementale. Pour ce faire, la notion de personne morale devra être présentée afin de déterminer quelle structure est pénalement répréhensible. Enfin, il s’agira de comparer ces éléments avec la réalité de la délinquance écologique. Le droit comparé permettra d’apporter certaines solutions innovantes afin de lutter contre toute atteinte environnementale.
Boudry, Pascale. "L'adéquation de la solution pénale aux problèmes soulevés par la protection de l'environnement : l'exemple du Languedoc." Montpellier 1, 1987. http://www.theses.fr/1987MON10025.
Full textIt is interesting to speculate as to wether penal legislation, concerning the protection of the environment, constitutes nowadays a group of texts which, even if they are not structured, at least follow a common thread. To question the application of this legislation in the criminal courts is also to envisage the way in which it "could" be applied. The study of the elaboration and application of this legislation can also give rise to taking a standpoint with regard to the texts considered. Finally, placing oneself in the context of criminal policies, one can widen this former field of observation. Knowing that the penal solution is indeed only one of the many possible answers to the behaviour in question within a coherent criminal policy, it is necessary to envisage the altenatives which could be looked at. This is where the results of a survey made en a specific regional area, the languedoc, over a period of six years, appear. What is more, it was possible to make precise comparisons berween this region and rhone-alpes, where similar surveys were done within the framework of researches made by the c. N. R. S. (centre national de recherches scientifiques) at the request of the ministry of the environment
Guillard, David. "Les armes de guerre et l'environnement naturel : essai d'étude juridique." Rouen, 2005. http://www.theses.fr/2005ROUED001.
Full textDepleted uranium shells, mines, cluster bombs, biological weapons, chemical weapons, nuclear weapons is the incomplete list of weapons that can damage environment. Against this threat, the international law seemed to be late on the technology invention. The ecological damages during the gulf war engendered a juridical evolution : a customary law prohibit large, long lasting and grave ecological offence. The statute of Rome is the consecration of this customary law. War weapons pollute also during their tests or destructions. In this case, arms control and environment international law are both applicable. When environment is polluted, responsability varies according to the author of the pollution and the area polluted. The end of International Law Commission works relating to the States responsibility for unlawful action shows the existence of an "actio popularis" doing environment a humanity good. Nevertheless, the effective achievment is very difficult because of the states sovereignty
Blanc, Marjorie. "Les réponses pénales aux atteintes à l'environnement." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0079.
Full textTraditionally, the human being has acted on nature to develop its living environment. This behaviour can have bad effects on the environment, so that the idea of protecting it gradually came into the collective consciousness. The French legislature thus developed an important arsenal of laws among which we can find penal provisions made to sanction those who damage environment. But the penal system, while necessary, should not be the only answer to the environment attacks. It must be linked with other mechanisms, such as civil liability, and that in order to allow, among others, the repair of the ecological damage. Criminal law for the environment as it is implemented today is not satisfactory. It suffers from flaws that affect its efficiency. The present works try to find a remedy for this situation
Van, Bosterhaudt Patrice. "La norme pénale pour lutter contre les atteintes à la nature : vers la reconnaissance d'une valeur essentielle." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOD006.
Full textWith the gradual advent of the industrial era, human activity has weighed more negatively on the balance of natural environments. This was followed by the gradual construction of a very repressive law for environment, intended to combat prejudice against nature, but chronically prepared on the very bases of administrative police, a seated concept on the basis of a resolutely disciplinary law, structurally and morally insufficient to reveal an essential value. Tort, as well as environmental liability regime aim to invent new legal concepts in order to redress the damage to nature, but they reveal many limitations.In this context, the criminal standard, meant to be especially utilitarian, is both an auxiliary of administrative right and an auxiliary of remedial standards, and remains without influence in bringing out the real value of the protected interest.It is such an analysis that the protection of nature, as an essential value, may be used only by recourse to an effective criminal law established on the bases of ethical foundations understood and accepted by everybody. This thesis of law fits into a forward-looking approach that would contribute to such an outcome by trying to rethink and restructure the special criminal law of the environment so as to offer the repressive judge the opportunity to exercise a true value judgment on self-destructive and now recognized violations of mankind itself
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.
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