Dissertations / Theses on the topic 'Droit pénal français'
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Roche-Dahan, Janick. "L'amnistie en droit français." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32049.
Full textThe apparent hetegeneousness of the present amnesty contrasts with its permanence in the course of history. The study of all the laws of amnesty since 1889 has led us to discover the existence of criteria permitting, on the one hand, to define the amnistiable fact and amnestied fact, on the other hand. The transformation and the considerable extension of the amnestiable fact led to the break-up and the drift of amnesty. One could say that amnesty is taking part in a process of degradation of our institutions. The relative permanence of the amnestied fact goes with a loss of its speficity owing to the constant weakening of the effects of amnesty. This evolution is the same as the one followed by the criminal law. Amnesty is from now on an instrument of administration of the judicial power in the hands of the political power. This phenomenon is the reflection of the administrative conception of the present criminal law thus, it seems that amnesty is not an exception to the criminal law, it is an integral part of the repressive mode. As a conclusion, to find a solution for the deficiencies of the present law, ive have suggested a codification of amnesty
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
Mandon, Claire. "L'identité de la notion de sanction pénale en droit pénal français." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0211.
Full textThe criminal conviction’s study opens with a paradox, that although the criminal conviction is a founding concept of criminal law, not only has not been the subject of any definition to date, but is still reluctant to any conceptualization.Consequently, the observation of the loss of identity appears inevitable, particularly in that the identification of the concept of criminal sanction is doubly impossible.This impossibility is verified both with regard to the content of the criminal conviction, of which we cannot know exactly what it covers, but also with regard to the definition criteria that could be associated with it and which all have vicissitudes.Therefore, two aspects must be noted: on one hand, the impossible identification-assimilation, that is to say the impossibility of identifying the concept of criminal sanction from its components and, on the other hand, the impossible identification-individualization, in other words the impossibility of identifying the notion of penal sanction on the basis of precise criteria which would allow it to be individualized and particularized in relation to other sanctions.Regarding, first of all, the impossible identification-assimilation, if it is classic to assert that the penal sanction has two components, the sentence and the security measure, the latter prove elusive, so swarming with uncertainties as to their meaning (elusive and unstable) and content (indeterminate and interchangeable). As for the impossible identification-individualization, then, it is a question of noting that the concept of penal sanction does not present any identifying code of its own, in that the criteria which could have given it substance appear insufficient, that they are the subject of an isolated analysis - each taken independently of the others - or of a combined analysis - considering them as a whole. However, the absence of an identifying code leads to two series of consequences, both practical and theoretical, which must be highlighted.Finally, being interested in the identity of the concept of penal sanction in French penal law, is to make a report on the identity crisis currently going through the concept of penal sanction, while hoping that it does not reach the breaking point
Bétina, Zine Eddine. "La complicité : ancien droit français, droit musulman, droit algérien." Paris 2, 1994. http://www.theses.fr/1994PA020154.
Full textSadoun, Delphine. "Les biens culturels en droit pénal français." Strasbourg, 2011. http://www.theses.fr/2011STRA4014.
Full textThe issue of art trafficking is easy. Every time a work of art is stolen, a part of the History disappears. And unfortunately, they represent an easy way to make money as long as fiscal and customs legislations of many countries are too weak. For those reasons, it is essential to protect the most inestimable works of art. But the struggle against antiquities trafficking should not be forsaken. It represents a huge menace especially as many archaeological sites are not listed. All around the world art trafficking is known and struggled. But to be efficient, most countries should summon up their strength: the various legislations should be in harmony with a world policy in order to be efficient. In fact, art trafficking does not know borders. This illicit market represents a real scourge for knowledge. And it faces legally constituted states too. This thesis will not talk about art trafficking at war or all around the world but in peacetime and especially in France. This study of art trafficking shows the legal means for struggle this phenomenon and wonders if new solutions are possible
Ponseille, Anne. "L'infraction de prévention en droit pénal français." Montpellier 1, 2001. http://www.theses.fr/2001MON10011.
Full textBioy, Hélène. "Le jour-amende en droit pénal français." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0022/document.
Full textThe day-fine, introduced in France by law n°83-466 of 10 june 1983, is defined as « a fine thatrequires the convicted offender to pay the Treasury a sum of money which results from the judge'sdetermination of a daily contribution for a number of days, and which may be imposed instead of,or in addition to, imprisonment ». This definition ignores the second aspect of the penalty.Specifically, it is possible to order the detention for a period equivalent to the number of unpaidday-fines. This criminal sanction is thus characterized by its material duality which is consistentwith this apparent specificity. However, thirty years after its acceptance in France, it is clear that theday-fine is struggling to find its place within the law enforcement system. Far from having metexpectations when il was introduced, in a context of fighting against short prison sentences, theday-fine seems to be facing a number of difficulties relating to its functioning. Its material duality,which is the biggest advantage, has become a real functional ambiguity. Regrettably, there are anumber of inconsistencies in the legal system. This, highlighted by the study of comparative law,leads to the certainty that the day-fine must be reformed. Also, this research aims to formulate anumber of proposals which could be used as a basis for a debate and a reform that seemsnecessary
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
Khaleghi, Ali. "Réflexions sur la compétence pénale internationale en droit français." Nancy 2, 2002. http://www.theses.fr/2002NAN20005.
Full textFor the different reasons, we can note nowadays the internationalisation of the criminality in such a way that an offence can be related to several states whose territory, subjects or interests are at stake. In this situation, every state behaves in a way that it consider to be in accordance with the danger threatening its public order. It can freely select the necessary measures in order to protect itself against the criminality in the international plane. In France, there is an harmonized group of legal devices for facing with the offences containing an element of foreignness. Given the diversity and the complexity of the criminal phenomenon, the different devices must be used in order to fight the criminality. One of the these measures is to persue and to try the offenders. By this way, France gives permission to the french tribunals to try a person and to apply the french laws. Our research shows us the capacities of the french legal system in this matter and allows us to value its advantages and disadvantages. Its deficiencies and excesses are cleared and we can thus note the general tendency of french penal law in this matter
Mirkamali, Seyed-Alireza. "L'infraction politique : une étude comparative entre le droit pénal français et le droit pénal iranien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10022.
Full textThe political qualification allocated to a fact is variable, and makes difficult even impossible a clear definition of the fact which it qualifies. Even certain authors claim that there is no political offense. This particular variety of crime complies with opposed justifications according to the nature of the country. The Iranian legislator like his French counterpart having preferred the silence. The absence of legal criteria has conducted the doctrines towards an attempt to distinguish between political offenses and those of common law. These efforts have removed, partially, precariousness of the nature of political crimes. In both legal systems, the particular nature of the political crime entails the application of sentences specific to this type of offense. In addition to this criterion, there exist particularisms as for the substantive rules and the procedural rules. For example, extradition cannot be agreed on political matter. It seems to us that, the political offense, despite the vagueness that surrounds it, must attribute a separate place in the subjects of criminal law, it must be distinguished from the common law offense because it is about a type of independent offense who deserves an adequate sanctioning
Bagheer, Shamloo. "La provocation en droit pénal français et iranien." Montpellier 1, 2000. http://www.theses.fr/2000MON10046.
Full textTourné, Adèle. "La confiscation en droit pénal français et canadien." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/32550.
Full textConfiscation”, “forfeiture”: this criminal law penalty in French and Canadian law gives us the opportunity to compare French and Canadian criminal law principles. However, when reading the legislative sections interesting forfeiture, we can see that there are many sides to it, confiscation being both punitive and in some ways a remedy or a security measure. Therefore, there is not only one “forfeiture” but diversified sorts of forfeiture measures whose goals is to seize criminal assets.
Buffeteau, Pascal. "Le décès du délinquant en droit pénal français." Besançon, 1990. http://www.theses.fr/1990BESA0001.
Full textCymbalista, Tatiana. "Poursuites et alternatives aux poursuites en droit pénal comparé : droit français, droit brésilien." Paris 2, 2005. http://www.theses.fr/2005PA020027.
Full textHussin, Abdalhamed. "La parenté en droit pénal, étude comparative des droits français et libyen." Thesis, La Rochelle, 2014. http://www.theses.fr/2014LAROD001.
Full textAs a social concept, parenthood can influence the provisions of criminal law as some special criminal texts, either French or Libyan, include numerous offences, whether trespass to goods (theft, for instance) or violent crimes ( sexual offences, parricide, infanticide…). Such texts sometimes protect the family institution as such, which is the case for the desertion of the marital home. They are connected with the parental authority, family solidarity, family intimacy, love or even dignity… The criminal codes, both French and Libyan, devote a chapter to the family-related offences. However, the field of our study cannot be limited to the offences mentioned in this chapter only. Our study will deal with all the offences that can be linked to parenthood, as well as all the criminal provisions concerning these offences. Parenthood appears at the same time as a factor of greater severity and indulgence. It can represent a constituent element of the purely family-related offences or of the criminal juvenile liability. The Criminal code then reinforces the repression by increasing the penalty if it concerns lethal assaults or grievous bodily harm and sexual assaults provided the offence is committed by a close relative of the victim. In this respect the French legislator, by the law N2006-399 of April 4th, 2006, the law N 2010-769 of July 9th, 2010 and that N 2013-711of August 5th, 2013, reinforced the repression of family-related violence. On the contrary, the parental link may represent an obstacle to repression, may constitute a justifying element, a mitigating condition of the penalty or an interference with the functioning of criminal justice, especially concerning the challenging of magistrates or of witnesses
Andrade, Aurélie de. "Le droit pénal militaire retrouvé : propositions pour l'étude du droit pénal militaire français du temps de paix." Paris 10, 2000. http://www.theses.fr/2000PA100100.
Full textColombani, Isabelle. "La place du consensualisme dans le droit pénal français." Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32039.
Full textThe purpose of this study is to envisage the different aspects of the introduction of consensualism in french penal law, after the examination of this phenomenon in foreign law and in the other branches of french law. First apparent in penal transaction and in certain sanctions related to specific crimes (vagrancy, alcoholism, drug abuse. . . ) little by little, consensualism has been integrated into the main principes of penal repression. Mediation and conciliation are the most striking examples of this. These two extra-judiciary methods are the objects of numerous experiments in the heart of french juridiction. They symbolize the diversion of the juridiction apparent in most of the xx th century legislations. At the moment, consensualism is developing with regards to the main principles of penal law and the legal procedure, and, its purpose is to reduce matters of penal dispute in order to reduce the work in the tribunals. There fore its purpose is to improve the judicial system and help promote peace
Benjeddi, Abderrahim. "La victime au procès pénal : étude du droit français." Poitiers, 1986. http://www.theses.fr/1986POIT3007.
Full textThe introduction being devoted to the definition of the victim and the penal law-suit, then we have attempted at determinating the victim's part in the procedure. The victim is essentially concerned in three stages of the law-suit : the first session, the preparatory examination and the phase of the judgement. Thus the first part will concern the first process. The aggrieved party can take by itself the initiative of implementing the law-suit. It can also intervene in a law-suit apened by the public prosecutor. An account of its constitution, the victim becomes party in the suit. It makes it possible for him to take part in two main stages : the preparatory examination and the phase of the judgement. However, his situation can vary from one phase to another according in procedure implemented by the law-maker. Indeed, in a second part, we will see that the plaintiff enjoys, in front of the examining magistrate and the court of accusation, comparative limited powers but equal to those granted to the person accused in order to make it possible for him to ensure his defense. However, in a third and last part, the victim recovers all his means, especially the opportunity of taking part in contradictory debates and obtaining a decision of justice
Dorigny, 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.
Al, Chami Hadia. "Le conjoint en droit pénal comparé français et libanais." Rennes 1, 2009. http://www.theses.fr/2009REN1G019.
Full textThis these concerns the study of "the spouse in the compared Lebanese-French Penal Law". After defining the concept of the spouse in France and Lebanon, this these involves the compared study of crimes commited by this spouse and done over hm like adultery, polygamy, violence, rape, and negligence of the family. Some of these crimes necessate the existence of the spouse, others not, but they are attenuated or restricted according to his existence or not
Radwan, Hamsa. "Le discernement comme condition de la responsabilité pénale : droit pénal comparé français et syrien." Thesis, Reims, 2019. http://www.theses.fr/2019REIMD005.
Full textDiscernment is a concept that marks the boundaries between law, psychology and philosophy. Therefore, the legal analysis of this notion must be understood within a psychological and philosophical framework. Discernment is a particularly complex notion. It is defined as the ability to distinguish between right and wrong. It may be confused with other notions with which it overlaps, such as criminal intent.It is therefore, indispensable to situate discernment in criminal legal theory. Thus, the following issues will be addressed in this thesis: Should discernment be linked to the legal understanding of what constitutes an offence, of to the theory of accountability? What are the consequences of the lack of discernment on the criminal liability of the offence perpetrator? Are these consequences similar in French law and in Syrian law? And lastly, when there is no criminal liability, what are the alternatives responses thesis shall look for alternatives responses provided for in both criminal law systems?
Kais, Mohamed. "La sanction en droit pénal musulman comparé avec le droit positif français." Montpellier 1, 1988. http://www.theses.fr/1988MON10035.
Full textIftimiei, Andra. "La constitutionnalisation du droit pénal roumain et français : étude de droit comparé." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0103/document.
Full textThe chosen topic sets forward the interest of an interdisciplinaryapproach as well as the approach from the perspective of comparative law, thusconferring originality, but also an innovating vision on the intersection of two lawbranches. We propose the analysis of criminal law constitutionalization due to thegeneral trend in which criminal law is equally subscribed, namely that ofinternationalization, Europeanization and constitutionalization of law. Moreover, thestudy of the two law branches is relevant given the highly intimate connectionsbetween them, through rendering more effective the protection of fundamental rightsand liberties.As research method we subscribed the entire thesis to a well-known method ofRomanian and French university school which embraces a new binary structure:problematization – solutions or hypothesis – demonstrations. The problem orhypothesis raised by the thesis is ”What is the starting point and how does the process of constitutionalization of the criminal law acts/functions?”, implicitlyadmitting the existence of such a phenomenon. The solutions or demonstrations arereflected as answers to the central questions, forged on the research plan of thethesis: highlighting the relations between criminal law and the Constitution,respectively of the means of constitutionalization and the effects of this phenomenon.Following the principles exposed by Legal Sociology regarding the integration of aprocess in the limits of a phenomenon, we reached the conclusion that in the case ofconstitutionalization, it fulfills all necessary requirements in order to be catalogued assuch. An argument in this respect is represented by the spread of this phenomenonboth from the spatial perspective (being encountered both in the European space aswell as in the international space) and from the perspective of the branches of law,which are subject to the process of constitutionalization (accordingly, we identified aseries of illustrations from Administrative Law, Labor Law, Economic Law, EuropeanLaw of Contracts or the Right to a Healthy Environment).The crystallization of the constitutionalization notion is carried out by reporting toother terms, so as to configure the delimitation of the concept. In order to delimit theconcept of constitutionalization we conducted a reporting to codification,constitutionalism, conventionality and constitutionality, underlining the existingdiscrepancies between these terms. It is estimated that there are seven stages ofconstitutionalization: 1) rigid constitution, 2) jurisdictional guaranteeing of theConstitution, 3) the compulsory force of the Constitution, 4) ”over-interpretation” ofthe Constitution, 5) interpretation of laws in accordance with the Constitution, 6)direct application of constitutional norms, 7) influence of the Constitution on politicalreports.The binary structure of the doctorate thesis proposes the analysis of theconstitutionalization phenomenon from a dual perspective: the premises ofconstitutionalization (materialized in the supremacy of the Constitution, theconstitutional grounds of criminal law, as well as constitutional guarantees in criminalmatters), and the proper constitutionalization of criminal law (which we equallystructured on the means of achievement of constitutionalization and the effects of thisphenomenon)
Kousha, Jafar. "Essai sur la peine à la lumiére du droit pénal français et iranien." Montpellier 1, 1996. http://www.theses.fr/1996MON10047.
Full textThe systems of punishment are limited both to the legitimacy of power and to the political model. The right to punish in a secular state such as france, belongs to the public authorities. In the islamic republic of iran, according to divine and national sources of the constitution, this right belonged to both authority and to the offended party. The essential function of punishment in criminal matters like in "houdoud" and "quissas" is repression. But on the other hand, according to the principe of the individualization of the punishment, substitutive measures and the action of judges in no rudictable offenses and in "tazirat", "bazdarandeh" , the functions are both preventive and pedagogical. Finally, punishment shoud be given in the perspective of compensating the victim of the offense
Sun, Fu. "Les moyens de preuve en matière pénale : étude comparée des sytèmes français et chinois." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32037.
Full textJacquelin, Mathieu. "L'incrimination de génocide : étude comparée du droit de la Cour pénale internationale et du droit français." Paris 1, 2010. http://www.theses.fr/2010PA010318.
Full textOuedraogo, Elisabeth. "Le traitement pénal du droit comptable : recherches sur la place du droit comptable dans le système pénal français." Montpellier 1, 1999. http://www.theses.fr/1999MON10023.
Full textLupinska, Joanna. "La procréation humaine en droit pénal français et polonais comparé." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0244/document.
Full textThe law of the human reproduction includes certain number of rights and fundamental principles. It is strictly connected to the human dignity : that of the man, the woman, the embryo, the humanity. It is from these principles, that we can establish constitute subjective rights connected to the nature of the man to find in particular the answer to the ambivalence of the new procreative techniques. In this thesis we try to find answers; in particular in which measure these fundamental rights "belong" to the human embryo, which, as for him, arranges a status private individual, a status which is not still definitively established seen the progress amazing at the medicine. The new biological stakes to dream, but they require a legal réinterprétation of the personal freedom of the mother, its law for " the healthy child " or simply the " law for the child ". These considerations are then formulated in terms of fundamental rights, when he involve already born persons. However, the reactivity of criminallaw will be varied in France and in Poland. Thel egal tradition, the impact of the social history and the social order, that the reaction of thelegislators is different. The common point of two systems remains naturally the influence of international law. In certain domains, more particularly of the medically assisted procreation, the criminal law is placed next the bioethics, it joins voluntarily in a narrow report with the civil law. Évidement, it is not possible to return the law to the bioethics, but it is not desirable to separate both. It is advisable to note a strong presence of the impact of the medicine which influences the legislation, but also the international dimension of the reproduction and the appearance of the new phenomena such as the procreative tourism and the market of gametes
Brenaut, Maxime. "Le renouveau des mesures de sûretés en droit pénal français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020060.
Full textIn 1992, in the context of the reform of the Criminal Code, decision was made to unify all criminal sanctions under the sole notion of “penalty” ; therefore, the formal existence of safety measures seemed doomed to complete obsolescence. However, as from 2004, the legislator unexpectedly enacted safety measures expressly labelled as such, and thus, disrupted the semantic unity implemented a decade earlier. In addition, the controversial notion of dangerousness was established as the ground of such measures. According to legal doctrine, this was a very “renewal of safety measures”. This formal reappearance of safety measures undoubtedly stems from circumstantial causes, owing to the political opportunity to depart from the penalty regime, especially in terms of application of law over time. Yet, it cannot be reduced to this single cause and also be explained by structural reasons pertaining to the nature of safety measures, which must be construed as a function i.e. the guarantee of the performance by a dangerous individual of his resocialisation obligation. This function may additionnally be expressed through various mechanisms: complementary penalties, measures of the pre-trial phase, conditions for serving sentences…Analysis shows that safety measures had not been discarded from criminal law and, instead of a“renewal”, the French legislator mostly extended their scope by multiplying the media of their function as guarantee
Khaneboubi, Abdellah. "Les sanctions en droit pénal économique : étude de droit français et aperçus de droit comparé." Poitiers, 1986. http://www.theses.fr/1986POIT3011.
Full textOne of the particularities of the economic offences is its derogatory character to the common law in regard to the sanction. Some economic offences can be either sanctioned by criminal or administrative measures. The punitive sanction which in some cases can be enforced to corporate bodies is marked by its severity and variety (imprisonment, fines, confiscation, disqualification. . . ) concerning some offences, they can be disposed of by -out- of court financial settlements
Tran, Van Dung. "Approche comparée de la gestion de la responsabilité pénale du mineur en droit français et vietnamien." Rennes 1, 2010. http://www.theses.fr/2010REN1G022.
Full textN'Drin, Alexandre Yao. "Le droit pénal applicable aux mineurs : étude comparative des droits français, ivoirien et sénégalais." Paris 8, 2012. http://www.theses.fr/2012PA084239.
Full textIn this thesis, we considered the responsability of minors in its relations with the French criminal law, Ivory Coast and Senegal. Retaining only the definitions of criminal policy of authors such as Marc ANCEL, Christine LAZERGES, Pierre ARPAILLANGE, François TULKENS, Mireille DELMAS-MARTY, Eloi Yao KOUAKOU, we concluded that there is also a criminal policy on juvenile delinquency, be it embryonic Ivory Coast and Senegal In general, three patterns of criminal policy and are available in all three countries, they are more or less similar depending on the status of minors in society. The historical development of juvenile criminal law in these three countries, despite their different socio-cultural and geographical highlights similarities, in those legislators Ivory Coast and Senegal are struggling to separate from the French system. We then showed how, through the criminal Codes and criminal procedure Codes, the French legislators Ivory Coast and Senegal have made the choice of criminal policy, and by legal means or methods they treat juvenile delinquency
Coulibaly, Malick. "Le principe de proportionnalité en droit répressif français." Montpellier 1, 2003. http://www.theses.fr/2003MON10062.
Full textSlimani, Amina. "Les infractions non intentionnelles : étude comparée des droits français et marocain." Poitiers, 2010. http://www.theses.fr/2010POIT3015.
Full textThe comparative study of French and Moroccan Laws concerning non-intentional crimes is essential for several reasons. In addition to the historical relation that links the two countries, this study is important considering the marking evolution of the law treating the “imprudence” in French law since 1994. The will to decriminalise the simple mistakes mixes with that of over criminalise the serious negligences: like “moving violations”, or those harming the environment. On the other hand, if negligence monopolizes the attention of the French legislator, the situation is completely different in Moroccan law, something that opens the way to question its actual status and its eventual evolution. The Moroccan Penal code is almost an identical transcription of the French Penal code of 1810 even if it remains advanced in certain regards; i. E. The moral element and the criminal responsibility of moral persons. The Moroccan law is outpassed today, something that changes its relation with the French law from a relative proximity to an inevitable rupture. To apprehend the non-intentional crimes in Moroccan law, dissecting the texts and the legal decisions proves to be a fundamental path. The finality of this study is to determine if reforming the Moroccan law is necessary and if legal “acculturation” should persist in the field of imprudence. The French model must then be analyzed, by specifying its various upheavals, in order to note its strengths and its shortcomings. Assuming that an evolution of the Moroccan law is essential, the inspiration of the French law proves to be a tempting hypothesis. Moreover, the reform that the Moroccan Traffic code has introduced regarding the “moving violations” shows a remarkable influence of the law of June 12th, 2003 reinforcing the fight against traffic violence. However, the quest of Moroccan law for effectiveness and efficacy renders one sceptic about the interest of an integral transposition of the French reform as regards to non-intentional crimes
Kalamatianou, Phèdre. "L' état de nécessité sous l'angle du droit pénal comparé (grec, français) et de la justice pénale internationale." Paris 2, 2008. http://www.theses.fr/2008PA020045.
Full textAghaee, Fishani Efatouah. "La preuve en matière criminelle en droits français et iranien." Paris 1, 1996. http://www.theses.fr/1996PA010262.
Full textIn criminal procedure, the evidence is very important. In fact, the judge must use evidence as the primary deciding factor in the judgement. In the former system, the criminal procedure was not the same as it is now. A judge was never right to rule according to his subjective viewpoint. He was obliged to judge according to the evidence and the pertinent laws. The technical revolution of the past years has spanded an informational evolution unparalled in history. Not only has it affected the world and its diverses societies, it has also had a profound affect on the worlds judicial systems. Judges themselves, being better educated socially, are now able to interpret the law loosely, often more humanely, in order to present a fair judgement because the accused is considered innocent before being proven guilty, the burden of proof rests on the prosecuter's shoulders. Ultimately, the judge still interprets the law. Now, however, his or her judgement is often colored by a loose interpretation, its influence has far reaching repurcussions, socially as well as morally. Iran's judicial system also has had far reaching repurcussions since 1979. The system is totally islamic (shiite) which leaves very little room for individual interpretation of the law, informed or not. The practice and interpretation of the law remains strict as dictated by the rules of evidence. There are four catagories : 1) acknowledgement, 2) witness, 3) ghassama (testimony), 4) judges interpretation
Coche, Arnaud. "La détermination de la dangerosité des délinquants en droit pénal : étude de droit français." Poitiers, 2002. http://www.theses.fr/2002POIT3013.
Full textFaval, Joseph François. "L' évolution du droit pénal des mineurs en droit comparé : droit français et droit syrien : Contribution à la théorie générale de la responsabilité pénale." Paris 2, 2006. http://www.theses.fr/2006PA020005.
Full textParent, Hugues. "Responsabilité pénale et troubles mentaux, histoire de la folie en droit pénal français, anglais et canadien." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0006/NQ42266.pdf.
Full textRouidi, Hajer. "Les listes d'infractions : étude en droit pénal français italien et international." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3011.
Full textThe thesis analyses the utilization of enumeration through the "listing of crimes" as a legislative technique in criminal law. Such a method of legislative drafting was used historically in bilateral conventions, specifically in the area of extradition, but nowadays it is heavily employed in criminal law to delimit the scope of application of exceptional rules. Aiming at providing a rich and solid base of knowledge in a domain that is rarely studied, this work reviews various systems and legal orders. As such, the resort to "listing of crimes" will be examined in international criminal law as well as in French and Italian criminal law. Being a tool to select a group of crimes in order to treat them differently than the common crimes, the listing technique serves the needs of aggravated or innovative repression. In that regard, the "listing" technique is not only considered as a means of legislative drafting, but its political function is also analyzed. The utilization of this technique is assessed in the light of the expected as well as the verified results. The extension of an existing "list of crimes", a normal consequence of resorting to enumeration, is found to be positive in some cases but more or less criticized in other cases where legislatures deviate from the original reason for which this drafting technique has been elaborated. Examined from the perspective of the fundamental principles of criminal law, namely the principle of legality and the principle of proportionality, the usage of this technique is appraised. The respect of these two primordial principles constitutes the ultimate solution proposed for any deviated resort to "listing of crimes" as a legislative tool
Raad, Noura. "Le statut de la femme en droit pénal comparé français-libanais." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0636.
Full textThis study takes a cross-look at French and Lebanese criminal law on the subject of the status of women. It is a question of seeing the divergent evolution between the two States, which at one time had comparable penal provisions discriminating women and granting them a status inferior to that of men. Despite reforms and "acquired" rights, women continue to be the first victims of violence, discrimination, and certain recognized rights are often questioned, inequalities persist in law and in fact. This study proposes to look at the analysis of criminal law from a gender perspective to understand the origins of inequalities, to consider the interaction between law and gender. These elements will help to understand the reasons for the limited evolution of the status of women in French and Lebanese criminal law, to reflect on how the Lebanese criminal law could be reformed and French criminal law could effectively continue its evolution by taking in consideration the concept of gender. The aim is to consolidate women's rights and their status at the legal and practical level and, more generally, to achieve gender equality by accepting differences between women and men as means of wealth and not a source of inequality
Maouene, Mostefa. "Le régime de la détention provisoire au cours de l'instruction préparatoire en droit algérien à la lumière du droit positif français." Rennes 1, 1988. http://www.theses.fr/1988REN11013.
Full textShegani, Altin. "La lutte contre le terrorisme : étude de droit comparé (droit français, droit albanais) et de droit pénal international." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40081.
Full textThe main objective of this study, was to propose a framework of analysis and reflexions on the mechanisms of the fight against terrorism in both countries France and Alabania, to see how the evolution of the phenomenon has developed system of criminal punishment more effective and also what is the degree of effectiveness of the implementation of the normative in terms of terrorism prevention
Meliani, Mohamed. "Une approche explicative de l'institutionnalisation du système pénal français au Maroc." Bordeaux 1, 1986. http://www.theses.fr/1986BOR1D008.
Full textCretain regions in pre-colonial morocco benefited from political autnonomy and a certain autonomy in the exercice of penal justice as well. There existed diversity of penal institutions which were to be utterly transformed with the advent of french colonialism. A legislative organ controlled by the protectorate was created in the french zone to replace the one based on diverse sources of law essentielly muslim, and custum law. The creation, or rather the take over of the legislative power by the protectorate permitted, at the same time, the abolishment of the precolonial penal institutions and the introduction of the french penal system. In fact, if some traditional institutions carried out penal repression in the politically autonomous regions from the central government befor the protectorate, we note that the protectorate caused the disqualification of these institutions. Furthermore, the treaty of 30 th march 1912 enabled the protectorate to make certain reforms in morocco thus the muslim penal and judiciary system was spread out while the protectorate developed another administrative judiciary system which was more flexible. A parallel penal system was established on the basis of a judiciary concil. This system was modeled on the french system with the purpose of protecting the french population and those foreigners living in morocco. Its fonction was to protect the intersts of the protectorate as a politically dominant group. After the independance, the french penal system was readopted by the moroccan political elite. One of the consequences of the institutionalization of the french penal system has been the introduction of a new legal conception which is a simple instrument in the hands of the political power
Chouvet-Lefrançois, Amandine. "La sanction répressive dans le droit français contemporain." Toulouse 1, 2006. http://www.theses.fr/2006TOU10045.
Full textThe concept of criminal penalty lacks consistency and unity. It is hard for lawmaker to determine its implementation rigorously, sometimes depreving it of its punitive character. The Constitutional Council ant the European Court of Human Rights apply common basic rules to penalties gathered under the concepts of "criminal charge" and "punitive penalties". Their approach is nevertheless limited as the characterization criteria they use are controversial and can be hard to construe. Thanks to punitive penalties, the inconsistencies of criminal law can be made up for. Based on this concept, punitive law gathers all punitive measures into a set of common rules. Any penalty which is the consequence of a fault cannot be imposed unless it is authorised by statute, matches the severity of the fault, complies with the right to a fair trial and is justified
Al-Hanis, Abdul Jabbar. "Le procès pénal du mineur en droit syrien : comparaison avec les droits égyptien et français." Poitiers, 1995. http://www.theses.fr/1995POIT3006.
Full textThis work consists of a comparative study of the penal proceedings related to minors, in the syrian, egyptian and french laws. Its main target is to bring out suitable solutions, liable to improve and complete the protective system of childhood delinquency in syria. Basing our research on the comparison of the present laws in these three countries, we try and work out the few gaps which reduce the scope of the already existent judicial framing. We have thus emphasised how the real specialisation of the concerned judicial institutions in penal cases, where minors are involved, is not always brought to a claye. The efficiency of every judicial protection of minors is then reduced. The procedure rules are also affected in the same way : we may notice that the procedural guaranties are insufficient and a system of the execution of sentences, exclusively meant for minors, is just lacking
Dzierlatka, Benjamin. "La propagande terroriste saisie par le droit pénal : étude comparée du droit français et du droit canadien." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0076.
Full textWhat is terrorist propaganda? How can we understand it in all its forms and manifestations? Although seemingly trivial, this phenomenon is an eminently complex reality. In recent decades, free and democratic societies have been hit by this scourge, the scale of which continues to grow. Facilitated by the proliferation of digital media, in particular social networks and online content distribution platforms, the terrorist phenomenon is fueled in a new way. Notwithstanding its profoundly performative character, capable of acting on the world and urging the perpetration of acts of terrorism in the name of political, religious or ideological causes, propaganda remains an expressive activity falling within the sphere of activities protected by freedom of speech. For French and Canadian legislators, the difficulty will mainly lie in finding a fair balance between respect for public order and the protection of freedom of expression, a right considered one of the most precious of human rights. Given the emergence ofthese new legal issues, our thesis will focus on the question of knowing to what extent terrorist propaganda can be criminalized in French and Canadian criminal law, taking into account the restrictions on freedom of expression that this incrimination implies
Mahdavi, Sabet Mohamad Ali. "Essai sur la notion de lien de causalité en droit pénal français." Paris 2, 1987. http://www.theses.fr/1987PA02Z083.
Full textTarhini, Rola. "Le sort de la femme, auteur ou victime d'infractions sexuelles et/ou familiales en droit pénal comparé français et libanais." Thesis, Nancy 2, 2011. http://www.theses.fr/2011NAN20008/document.
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Mounayer, Lara. "Le sursis à l'exécution de la peine : étude de droit libanais à la lumière de droit français." Poitiers, 2001. http://www.theses.fr/2001POIT3008.
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