Dissertations / Theses on the topic 'Droit pénal – Maroc – Histoire'
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Friji, Noureddine. "La construction historique du droit pénal du travail au Maroc." Perpignan, 2010. http://www.theses.fr/2010PERP0987.
Full textIn positive law, the specialty of Labour Criminal Law in relation to Criminal Law is unquestioned, even if the limitations of the discipline may vary. Through the intersection of multiple sources and the conditions for the emergence of this subject, whose antiquity and independence vis-à-vis the Criminal Law can be proven, a specific study was necessary. From 1912 to 2004, the date of coming into force of the new Labour Code, complex and specific criminal provisions concerning the understanding of the protection of workers have been released. From the standpoint of criminal laws, this research aims to make sense of all major policies undertaken by Morocco for more than half a century and to demonstrate the uniqueness of the Labour Criminal Law in relation to the General Criminal Law. This distinctiveness is true in the case of offences and suppression
Zirari, Devif Michèle. "La formation du système pénal marocain." Nice, 1989. http://www.theses.fr/1989NICE0014.
Full textNineteenth-century Moroccan criminal law was, in theory, Islamic law. In fact the penal system was complex: Islamic law, largely ineffective, was supplemented by Berber customs and traditions, and the executive power played a large part in administratering criminal justice. The existence of consular courts in morocco was a further complication. The protectorate instituted a modern French-style legal system, with "French courts", to deal with foreigners, but Moroccans were still judged by makhzen courts, the system thus officially recognizing the pashas' and caids' judiciary powers as executive agents. Islamic criminal law lapsed, and France’s Berber policy caused customary law to decline further. In 1953, a reform of the makhzen judiciary system was begun, but it was never completed; the confusion of powers remains general. After independence, criminal justice was completely reorganized, bringing about the separation of powers, independent courts, French-type laws and the unification of justice. But, even in the new imported system, traditional forms of thought and behavior persisted, and they explain the evolution of Moroccan legislation and the functioning of the legal system
Ounnir, Abdallah. "La Sanction en droit pénal marocain." Toulouse 1, 1988. http://www.theses.fr/1988TOU10034.
Full textThe legitimacy of the penal intervention is currently being questioned. In western countries those who advocate penal repression oppose those who would favour the very abolition of criminal law. In islamic countries, since the beginning of the iranian revolution, we have been witnessing a revival of the metaphysical and religions consensus in the field of criminal law. Fundamentalists do refer to an order superior to the social one to convince both the offender and the judge that the ponalty imposed is fair. Criminal law was customary in pre-islamic morocco. Then it was turned into koranic following the arabic invasion. During the protectorate years, progress was nationalized and islam modernized. Today modernity is to be islamized and an absolute morality is to be founded facing the human diversity
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
Bétina, Zine Eddine. "La complicité : ancien droit français, droit musulman, droit algérien." Paris 2, 1994. http://www.theses.fr/1994PA020154.
Full textMaatouk, Salah-Eddine. "La responsabilité pénale des personnes morales en droit marocain : contenu et portée d'un droit pénal spécial." Perpignan, 2004. http://www.theses.fr/2004PERP0589.
Full textDahraoui, Omar. "Le pouvoir discrétionnaire du juge en droit marocain." Perpignan, 2004. http://www.theses.fr/2004PERP0548.
Full textThe first part of thesis focuses on the discretionary power of penal judge in regards to the qualification of criminal act, punishment evaluation (Chap. I) as well as evidence (Chap. II). As for the second part of work, it deals with the judge summing up power in contractual field, delictuel civil responsability (Chap. II) under the supervision of the supreme court
Touhami, Ahmed. "La fiscalisation de la réaction pénale : l'amende comme indicateur." Bordeaux 1, 1988. http://www.theses.fr/1988BOR1D004.
Full textThe fine, as a privileged instrument of depenalisation, has neither been the object of exhaustive work of updating, nor has it been inserted into a problematic vision. This undertaking is of fundamental importance to inderstanding of fine generalisation as a penalty since the xixth ce. This study has been an attempt to transcrire in fiscal language what is implicit the level of criminal law, by on the on e hand the inscription of the most important patrimonial penalty (the fine) within a larger register tha confers a meaning to it, and on the other hand by re-inscribing it within criminal law in order to assign a specific function to it. The study of results reached by extra-judiciary studies have enabled me to detect an occulted fiscal core which is diretly related to penal law and has made me fallowing hypothesis legitimate : the fine develops in a "sui generis" form of taxation on a type of infraction
Afailal-Jerroundi, Touria i. "La politique criminelle au Maroc." Montpellier 1, 1989. http://www.theses.fr/1989MON10017.
Full textThe main characteristic of the criminal policy in morocco is its double inspiration. 1) the first one is the islamic source (the koran and the tradition) 2) the second one is western (the french criminal law which is obviously a branch of the positive law). These two sources contain both common elements and elements of differenciation of the two sorts of criminal policy and generate internal and external conflicts in practise. Till 1912, the islamic penal law was applied according to the "malekite" school. It interprets the koran and the tradition according to the public interest in order to solve the problems it had to face. During the colonization, the criminal european law (french in particolar) has been introduced and applied. The first part of this study gather the questions relating to the protection and the respect of the individual in law and penal islamic procedure and also the defence of the society against deliquency by extra penalmeans and penal arrangements in the islamic criminal policy. The second part of this study is about the positive criminel law in morocco which has been introduced by the colonization and the criminal policy emaning from it the impact ot the criminal laws is very important. The moroccan judicial organization concerning the penal subject has been nearly the same as the one applied in france. Nowadays, the penal subject hasn't changed yet. It's always ruled by the
Slimani, 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
Slaoui, Brahim. "L'action paulienne en droit marocain : histoire d'une institution jurisprudentielle." Perpignan, 2007. http://www.theses.fr/2007PERP0752.
Full textThe creditors can foreclose all the properties of their debtor when this latter doesn't meet his commitments. However, we could fear that an insolvent debtor abstains to meet his commitments. This abstention could harm his creditors. The debtor could pass fraudulent transactions with others in order to deprive the creditor from foreclosing his possessions and empty his assets. In fact, if the debtor doesn't meet his commitment, the creditor can foreclose and sell the properties listed in his assets but the creditor couldn't recover assets already given or alienated before the act of proceeding. The creditor devoid of the right of proceeding and the right of preference is unsecured. The unsecured creditors have an action that enables them to attack the transactions passed by a fraudulent debtor. This revocatory transaction whose origin goes back to the Roman law, takes traditionally the name of Paulienne transaction. It allows deleting the damage undergone by a creditor, victim of the debtor's fraud by restoring the previous situation. The creditor asks to be declared in opposable the acts that make the debtor's assets decreased so as to make them insolvent: (donations, debts cancelling, selling at a low price …. ). In order to make the act acceptable, there must be: first, making the debtor poor. Second, the Paulienne Act has to be subordinated to the proof of the debtor's fraud. The fraudulent transaction is declared in opposable for the creditor but not cancelled. The creditor can foreclose the possessions and sell it as if it wasn't part of the debtor's asset. The third party has to restore the existing natural properties or supply the equivalent. But if the sale on disclosure is superior to the credit, the remainder goes to the third party. The Paulienne Act profits only to the creditor who has executed it. Its implementation in the Moroccan law isn't absolute but based on a set of conditions which the regulations texts haven't yet given clear answer. This results in a considerable amount of counter conversant questions which the jurisprudence tries to solve. In this context, we can but be in line with the thesis of an express regulation of the Paulienne Act by the Moroccan legislator implementing a specific text that regulates it
Azzi, Saïd. "L'abus des biens ou du crédit de la société en droit marocain : un délit en quête d'identité." Perpignan, 2009. http://www.theses.fr/2009PERP0870.
Full textTo satisfy a dictated objective: that to integrate the world economy, Morocco began for some years a train of measures and the legislative reforms. Among these last ones, the repression of the abuse of the property possessions or the credit of the company. Although, the text which defines this malpractice goes back up in 1996, Its writing, its interpretation, continues to put big interrogation marks give place in of multiple and often subtle variations which can engender an uncertainty for the judges
Benbani, Khadija. "La justice pénale au Maroc au regard des instruments internationaux de protection des libertés et droits fondamentaux." Perpignan, 2005. http://www.theses.fr/2005PERP0620.
Full textCriminal justice system, which was formerly the bastion of national sovereignty, due to the accession of the States to international human rights treaties, is committed to a continuous search for a balance between punishing the violation of rights and the protection of those rights when punishing crime. Previously holding of a despotic power, the Moroccan criminal justice system is being nowadays assigned the objective of assisting with the transition to democracy by adapting national law to comply with international human rights law. The purpose of this study is to assess this justice system, which is the aim of and the instrument achieving fundamental rights, its recognition as an institution, but also the overall concept of the fight against crime, including both substantive and procedural law. It is a matter of measuring the effectiveness of the criminal justice system's compliance with international standards issued by the International Covenant on Civil and Political Rights and the Convention against Torture, the concept of effectiveness being characterised in a larger sense than solely being applied to indicate the “useful effect”
Mansour, Mostapha. "Les droits de la victime d'une infraction pénale : étude du droit marocain et aperçus de droits autres." Poitiers, 2009. http://www.theses.fr/2009POIT3008.
Full textThe victim's situation in criminal offences has undergone many reflexions in contemporary legislations, mainly directed towards reinforcing the victim's rights in such offences. Many provisions in favour of victims brought by Moroccan Criminal Law passed in 2002, thus fall under this trend. The study of Moroccan Law shows that the victim of a criminal offence has two types of rights : on the one hand, rights that we could describe as repressive and compensatory rights on the other hand. If repressive rights enable the victim to trigger Public Prosecution and to actively contribute to a solution in the criminal legal action, compensatory rights guarantee the effectiveness of the victim's compensation. Moreover, to facilitate obtaining of the second type of rights, the Moroccan legislator foresees - in addition to the possibility of getting judicial compensation in the framework of public prosecution - the possibility of coming to a compromise between victims and authors of minor criminal offences, so that extra-judicial compensation takes place without going through a criminal legal action. However, in Moroccan Law, rights of the victim of criminal offence are applicable in relation to a given responsible who is hold accountable for the civil consequences of the offence. The Moroccan law's limits are reached when the author of the criminal offence is unknow. The creation by the Moroccan legislator of a public compensation fund, following the example of French Law, is a solution to ameliorate the victim's fate especially victims of serious offences
Démare-Lafont, Sophie. "La femme dans le droit pénal du ProcheOrient ancien." Paris 2, 1990. http://www.theses.fr/1990PA020057.
Full textThe criminal law of women, as it results from the mesopotamian, hittite and biblical juridical sources, reflects the moral conceptions of ancient oriental societies. Apart from two offences feminine by nature (abortion and double nursing), delicts concerning women are either variations of male offences (e. G. Theft, blasphemy, injury or slander) or offences conventionaly considered as feminine (e. G. Adultery, rape, domestic offences,. . . ). Punishment of these infractions to ancient oriental legislations depends on the social and family status of the women, victim or guilty party
El, Hailouch Rachid. "Les garanties pénales de la démocratie au Maroc." Perpignan, 2004. http://www.theses.fr/2004PERP0517.
Full textEssafsafi, Lahcen. "La responsabilité médicale en droit marocain : histoire d'un concept protectoral à la lumière du droit comparé." Perpignan, 2012. http://www.theses.fr/2012PERP1102.
Full textBlanc, François-Pierre. "L'adultère en droit pénal français : histoire juridique et politique d'une infraction : 1803-1975." Perpignan, 2003. http://www.theses.fr/2003PERP0495.
Full textAdultery has figured in various forms in the repressive arsenal of successive legislators who, from the 1789 revolution to the current day, have studied fidelity between spouses ; with the current disapperance of adultery as penal offence, the judical evolution of marriage shows the protection which, following successive acquisitions of new-found freedom and equality (sexual freedom, equality of the sexes, has become of less and less concern to law order. The history of adultery as a penal offence, is thus indissociable from the evolution of a socio-religious concept : the indissolubility of marriage. When associated the indissolubility of marriage, this incrimination tends to censure the finality, which is notably to enable christian spouses to remain as one at the centre of the united family. The penal offence thus ensures the defence of marriage, a fundamental social institution. The incrimination on the other hand, tends to disappear during periods of dissolubility of marriage, when it loses its consistence, to leave the institutional field for simple contractual field ; in this case adultery is simply a civil incident. Two important period mark recent history of adultery as a penal offence. From 1816 to 1884 it was the main rampart af the indissoluble marriage (Part I) ; from 1884, the offence, henceforthat the service of dissoluble marriage, lost any reason to exist and became ineffective before completely disappearing (Part II)
Rudolf, Emile. "La femme dans le droit pénal alsacien jusqu'à la fin de l'Ancien régime." Université Robert Schuman (Strasbourg) (1971-2008), 1993. http://www.theses.fr/1995STR30009.
Full textThe author, born in 1920, studied law in Germany and in France. After his professionnal life, he returned to the study of law to have a fresh look at the history of law in his own region. The alsatians spoke first the celtic and germanic languages, afterwords a germanic-alemanic tongue, and finally french. These people originally had been pagan, becaming alemanic aryand and then frankish catholics, leading later to the Reformation. The legal background changed sometimes as well, but especially in the case of criminal law, remained unchanged for a long time. Thus the principal common law in Alsace was the Schwabenspiegel of 1275, containing a lot of frankish an alemanic law. It is important also to mention the Carolina (1532) of Charles V, a modern style criminal act, and the fact that the kings of france tried to introduce after 1648 french law into Alsace. The experiences the author made in his youth, in 1940 at Heidelberg under a totalitarian regime, and a discussion he had in 1970 with René Cassin, gave him the idea of researching in the past to find out how and why the women became the victims of totalitarism and persecution
Cunique, Pierre-Philippe. "Le bagne de 1852 à 1953 : histoire d'une institution pénale." Perpignan, 2004. http://www.theses.fr/2004PERP0540.
Full textIn France the 19th century was a period of technical and social revolutions announcing the modern world. Law, particulary the criminal law and the penitentiary question had to be reconsidered. Using the colonies as penal deportation territories allowed the Imperial and Republican lawmakers to keep the "undesiderable" convicts away from the homeland favouring the population by this penal element. The criminal law was strengthened by the Act of 30th May 1854 establishing the transport of convicts sentenced to Hard Labour and by the Act of 27th May 1885 with relegation of recidivists. These arrangements previously applied to political convicts (simple deportation and deportation in fortifications) were added to the Penal Code. The judiciary custom in the 19th century was marked by a real predilection for penal exile. The penal settlements marked the collective consciousness during nearly 2 centuries, the penal colonies constitued a certain side of penal history. Today at the beginning of the 21st century what is left? Historically how did these penal colonies appear? What was the evolution in the Penal Code? Which are remains in our present legislation? Nowadays at the beginning of the 3rd millenium imprisonment represents the principal sentence, does the possibility- the risk- the resurgence- always exist using these ancient punishments?
Thiollier, Jérôme. "Fondements et caractères de la peine chez Gaspard de Réal : 1682-1752." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32009.
Full textEl, Hajam Soulaiman. "Essai d'interprétation du phénomène de l'acculturation et de l'identification du système juridique marocain : Droit constitutionnel." Paris 2, 1991. http://www.theses.fr/1991PA020091.
Full textThis essay illustrates researche's worry about identity and constitutional originality. In the wake of independance; the cherifian kingdom was endowed with a liberal constitution and democratic institutions modelled on the western ones. The fact which emerges most clearly from this essay, is the close relationship between the moroccan constitution and the french one. Such a relationship is considered as a logical corollary of the acculturation process geared by the protectorate. A few political commentators reproach, indeed, the moroccan constitutional law with irrelevance, inefficiency and shakiness, which accounts for the wide gap between the concept of constitutional law and institutional practice however, the study of constitutional practice and of the rules regulating power in what regards moroccan politics testifies to the harmonius coexistence of traditinal some commentators either misunderstand or ignore the linchpin of public law, namely islam, which is the supreme consensus-based reference legitimating power, moreover, the unconditional reference to tradition and the staunch commitment to ancestral practices in government proceding seem to be enough to emphasize the distinctness of moroccan constitutional practices. Acculturation should not be considered as a sign of crisis but as a source of richness, generating progress
Bleuchot, Hervé. "Cultures juridiques soudanaises et droits fondamentaux : pour une anthropologie du droit musulman à travers l'histoire du droit pénal soudanais." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32033.
Full textAfter several outlines on the geography, history and ethnology of the sudan, the general introduction poses a problematic of research within the theoretical frame of legal pluralism. The sudan offers the concrete example of the confrontation between (muslim and pagan) legal traditional cultures on one hand, and on the other a (british) colonial law which claims to apply human rights. The first part proposes an introduction to musulim law, then recounts the history of traditional penal law in the sudan and ends with a description of the contents and functioning of this law according to an anthropological method. It underlines the domination of religious cultures over the daily life of the sudanese in the xixth century. The second part recalls the installation in the sudan of the british colonial penal law and follows its history until independance (1956). It investigates the evolution of traditional law in the english system following the anthropological way. It stresses the equilibrium then instituted, between fundamental rights and the local legal cultures which were largely preserved. An epilogue evokes the situation ofter independance and the shortcomings of the penal codes of 1983 and 1991. An annex deals with the general problem of religious freedom. A bibliography of 500 references, 7 diagrams and 7 maps complete the work
Ghazani, Takfur Isabelle. "Acculturation constitutionnelle et résistances socio-politiques au Maroc." Paris 10, 1985. http://www.theses.fr/1985PA100172.
Full textMorin, André Albert. "De l'étude des racines chrétiennes des droits pénaux français, britannique et canadien et d'un exemple concret dans le domaine de la lutte contre les produits de la criminalité." Poitiers, 2001. http://www.theses.fr/2001POIT3013.
Full textVielfaure, Pascal. "L'évolution du droit pénal sous la Monarchie de Juillet entre exigences politiques et interrogations de société." Montpellier 1, 1998. http://www.theses.fr/1998MON10052.
Full textThe revolution of july had immediate repercussions on criminal law. Based on the constitutional text, the law of 8 oct. 1830 extended the jury system to trial involving political offences. Globally, legislation concerning the press was liberalised, giving real substance to the freedom guaranteed in the constitution. The pressure of its political opponents (especially through the press), the persistence of dots and assassination attempts on the person of louis philippe, however, obliged the government to take a firmer attitude. The number of political trials grew, yet did not result in effective repression. The july monarchy consequently resorted to more repressive legislation, such as the law of 9 sept. 1835, voted after the fieschi attempt, including the prohibition of the republican, legitimist and bonapartist press. To avoid the jury trial, the government assigned political trials to a political body, the + cour des pairs ;. This body, whose judiciary competence, in the absence of specific text, could be questioned, could only hear the most serious cases. So globally, the liberal principles consecrated at the beginning of the reign, were not compromised. Criminal legislation, moreover, was thoroughly reformed. Over hundred articles of the criminal code were modified by the law of 28 april 1832. As doctrine demanded, this reform consecrated the distinction between political and ordinary punishments. In addition, it lessened the rigors of the criminal code of 1810 by abolishing corporal punishment and capital punishment in 9 cases. Above all, it attributed to jury the right to pronounce extenuating circumstances, thus favouring the individuahsation of the sanction. It is indeniable that conservative reflexes continued. Jurors maintained their attachment to property, and magistrate as well as statesman careful to keep intact the efficacity of criminal law approached reform of criminal procedure with great circumspection. Nonetheless, the balance was resolutely in favour of the reform ; the monarchy of july constituted an essential moment in the long process of liberalisation and humanisation of criminal law
Benkirane, Iman Meriem. "La problématique de l'habitat du plus grand nombre : quel regard porter sur les quartiers clandestins, peut-on capitaliser le phénomène de l'habitat non réglementaire : cas du Maroc." Université Paris-Est Créteil Val de Marne (UPEC), 2005. http://www.theses.fr/2005PA123005.
Full textThere is a basic right : the right of all to a suitable lodging. Nevertheless, his realization varies according to States's priority orders. The contributions of the institutions and NGO remain insignifiant facing the extent of the need ; and the World bank and the International monetary funds reject all direct intervention in the sector of the habitat. These constraints, combined to the limited financial means of the concerned countries, to the norms practiced and to urban ambitions projected, do that "the non statutory habitat" continues to constitute the unique alternative. The case of Marocco is edifying to this matter. Since 1973, the political ones adopted, well that very costly, implicitly contributed to the amplification of the phenomenon. The dynamics of the globalization would campaign in favor of a relecture of the problematic one ; favoring a "capitalization" of the non statutory habitat "crisis" and opposing thus threatens it of a lissage of the identities expressions. Today, this habitat is qualified of such, and it is so, as opposed to "statutory" ; therefore, by reference to a regulation in force that is not, by definition, unchanging
El, Yousfi Alaoui Moulay Abderrahmane. "Apport de la police technique et scientifique à la justice pénale au Maroc." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10022.
Full textThe evolution of society, the progress of science and technology have made technical and scientific police a major actor in penal trial. Endowed with science, it offers now numerous and very effective tools thanks to which the different tracks and clues found on the crime scene can be exploited to rebuild the fact progression and become proof in time of trial. Technical and scientific police is centered on two main fields. The first one is the technical investigation of a crime scene using tools and technical science in order to research and collect tracks considered useful for the outcome of the judicial investigation. The second concerns the analysis of these tracks to identify and to prove the existence of a presence, an act or a person, etc. The means of proof supplied by the technical and scientific police are very diverse. They can result from several sources, among which: fingerprints, biological tracks, ballistic or digital clues, footprints or wheel tire tracks, CCTV recordings and so on. The exploitation of these tracks is not limited to very important criminal cases as homicides or rapes, but also applied to simple basic criminality “everyday life criminality». The material evidence supplied by the technical and scientific police is characterized by its objectivity, its probating values and its credibility. It has dethroned confession, recognized formerly as “the queen of proofs” to become the center of penal trial, to decide on the guilt or the innocence of the accused. In spite of its quasi-systematic contribution to criminal proceeding, scientists and jurists must know the limit of scientific proof. Indeed, there have been several criminal cases where the result supplied by the scientific police was exact whereas its interpretation could be false and lead to a judicial misinterpretation
Raoult, Sacha. "La théorisation de l'évolution pénale." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32023.
Full textFrom Montesquieu to Posner, from Durkheim to Foucault, the search for a causal pattern that would best explain the differences between historical systems of penalty on a single scale is an ambitious task, in between sociology of law and a more or less obsolete subject: the philosophy of History. Nowadays, two scattered bodies of hypothesis may be loosely called theories of penal evolution. The first is founded on a far analogy between cultural and biological evolution, which borrows from Law and Economics and recent concepts of natural sciences. The other is rooted in Marxist thought and describes the penal system as an oppressing machine, which follows the evolution of power. Both seem to be satisfying explanations of short term and long term penal evolution. But, by imprinting a normative will on positive considerations, the mainstream literature hides the major discontinuities of penal history and creates others, forcing us to see materialistic changes where there are only intended ones. So that the history it explains will be coherent and intelligible, modern theories have forsaken the study of contradictions and missing links, everything, in penal history, that does not look like a mandriven machine. By rejecting this paradigm, the shape of penal history changes and reveals new subjects such as the porosity of law, the competition of norms on the field of incapacitation, the persistence of physical punishment or the way legal, technical, and sacred history are intertwined
Lazaar, Sonia. "La responsabilité pénale des mineurs : étude de droit comparé France-Maroc." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1077.
Full textThe offender minor situation early attracted the criminal law attention. Today the minor is subject to a treatment different from the adult's one. Before adjudged a minor guilty of an offense, his penal liability has to be determined and his discernment must be established. Today's society and his minors have evolved, so this topic becomes a national priority in France and also in Morocco, the minor's apprehension changed a lot and the juvenile criminal law is currently one of the major concerns of government which aims to provide a legally sound solution. The minor has acquired a special status in criminal law. The project aim is to determine the effectiveness of the current legislation and to analyse and synthesize the evolution of criminal responsibility in these two countries. It's time to take stock and prospects
Lavoie, Bianca. "Moralité et acteurs sociaux : la construction de l'ordre pénal au Canada, 1892-1927." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq21998.pdf.
Full textAtmani, Khalid. "Les atteintes à la liberté individuelle au cours de la phase préparatoire du procès pénal en droit marocain : contenu et portée du code de procédure pénale de 2002-." Perpignan, 2009. http://www.theses.fr/2009PERP0864.
Full textThe considerable legislative effort unfolded since the big reform of 1991 allowed to reduce the delay. The reform of 2002 restored some coherence in the field, but lacunas remain. In the course of this study, it appeared that the right Moroccan law, in the field, introduced numerous deficiencies making extension of abuses easier, not only at the stage of custody, but still as part of protective custody
Parent, 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 textHelmis, Andréas. "Crime et châtiment dans l'Égypte ptolémaïque : recherches sur l'autonomie d'un modèle pénal." Paris 10, 1986. http://www.theses.fr/1986PA100076.
Full textBouglé-Le, Roux Claire. "La Cour de cassation et le code pénal de 1810 : le principe de légalité à l'épreuve de la jurisprudence, 1811-1863." Rennes 1, 2002. http://www.theses.fr/2002REN10401.
Full textSout, Tahiri. "La protection du fonctionnaire marocain." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA006.
Full textThe moroccan functionary is the subject of civil service law expressed with the general stature of public function (S.G.F.P.). In same time, he stand more positions in penal law as a responsible or victim of breachs of law. Because the terms of article 2 S.G.F.P. from 24 February 1958 and article 224 penal law, the civil servant protection is only applicated for the functionary. Just like an other person, the functionary is a physical person with fundamental, civil, moral and material rights. These rights must be protected from the administration as an effect of civil service position. For a better protection of the civil servant, it is necessary to combine all forms of protection prescribed by moroccan legislator: statutory, politic, financial, penal and social protections are concerned. These protections give advantages in the career of the functionary which are balanced with working responsabilities face the state. So the civil servant and the public office form two different and unequal attributes. The existence of one without the other is a legal myth because they are in narrow concordance. Consequently, this study show that the protection of the function go with the protection of the civil servant and vice versa
Wasenda, N'Songo Corneille. "Le droit pénal congolais confronté aux exigences constitutionnelles." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D046.
Full textWhereas in other places the link between constitutional law and criminal law have been accepted as the basis of criminal law on the one hand, and the major questions of repressive law have played the role of a catalyst for the constitutionalisation of criminal law the state and the emergence of human rights on the other hand, in the Democratic Republic of Congo, however, the issue has rarely been treated systematically by researchers. Would the constitionalization of criminal law be a neglected subject ? The present thesis had the ambition to take up the challenge by making a cross reading and transversal of the various constitutions which ruled the country since the Basic law of 1960 relating to the structures of Congo, until the current Constitution of February 18. 2006. In this quest, it was necessary to avoid the trap of compartmentalization of legal disciplines by opting rather for their interdisciplinarity. Originnaly designed to combat the slave trade and protect the trade to the signatory states of the Berlin Act on the territory forming the Congo Basin, the criminal law has long kept this figure of a summary work, ignoring the importance constitutional issues on criminal policy. The observation was made during the developments of the first part devoted to the lack of respect for constitional requirementsin the construction of the repressive mechanism both in its foudations and its philosophical orientations. The changes that took place after the colonial period did not change the situation. Rather, they have created a repressive regime that focuses on protecting political institutions and their leaders, ignoring constitutional guarentees and respect for the fundamental rights of the human person. The democratic changes introduced by the Costitution of 18 february 2006 augured a new ideological framework in the organization of society. It jhas introduced new forms of social control and regulation, which are naturally part of a new criminal law. The latter must comply with certain ethical conditions in the determination and hierarchy of social values on the one hand, and one the other hand, in the protection of the social group with particular attention to vulnerable people and, finalty, it must have a value both for ordinary citizens and for the various categories of offenders, including a range of appropriate. The examination of all these questions has demonstrated in the second part of the thesis that there are limits to the respect constitutional requirements, because of the lack of adaptability of a constitutional review of penal norms and especially because of the insufficiency of criminal protection of the Constitution, thus preventing the Constitutionnal Court from playing the role of a real actor of criminal policy
Wattellin, Guillaume. "L’élaboration des principes directeurs du droit pénal des mineurs : l’exemple du Nord (XVIe-XIXe siècles)." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20020.
Full textThe order of February 2nd 1945 which was adopted in the aftermath of the Liberation by the Provisional Government of the French Republic establishes a series of principles which shape the base of juvenal criminal law. Thus the progressive liability in stages modelled on the development of discernment, the superiority of education on repression, the mitigation of sentences, but also the procedure adjustment, are as many derogating rules structuring and guiding the legal treatment of guilty childhood. To use the hallowed phrase, this combination constitutes the « guiding principles » of juvenal criminal law. The submission to a historical study allows a better understanding of the contemporary gradual building up of juvenal criminal law
Boussetta, Mourad. "La coutume en droit marocain : aspects historiques et contemporains." Lille 2, 1992. http://www.theses.fr/1992LIL20010.
Full textThis thesis attempts to determine the status of custom as a source for moroccan law in the past and the present. In the past, moroccan lawyers postulated that traditionnal law prior to the french protectorate was islamic law issued from the revelation. We shall discuss this hypothesis. Customary traditions have not only remained as an autonomous source for law, but they have also imbued muslim law to such a degree thatwwe can speak of a specifically maghreban or moroccan law; the most plausible manifestation of this osmosis between customs and muslim law is the "'amal", (i. E, a set of practices and precedents in use in law courts). This original creation confirms the legitimacy of custom as a source for law and shows how law evolues. We shall then analyse the contemporary era, that is from the french protectorate up till now. The french protectorate introduced law while regulating, stratifying the traditional law orders (islamic, berber, hebraic laws, each system having its laws and its courts). Family law was taken from malikite law, whereas the other these systems urgently. Family law was taken from malikite law, whereas the other laws were essentially inspired by the 1913 codes. In doing so, the moroccan legislators scarcely gauged the real needs of society, and it is not surprising that the legal system should suffer from this. We can assess the survival of customary law
Janem, Anwar. "L'évolution du droit de la prescription pénale en France depuis 1964." Poitiers, 2009. http://www.theses.fr/2009POIT3007.
Full textThe study of statutory limitations in criminal law is a current issue. This old principle is based upon political discussions of criminal law. The major principles of this concept have been developing for many years, and were subject to numerous debates. Indeed, over the last fifty years, the statute of limitations regulations have been subjected to innumerable exceptions, most notable the 1964 rule which introduced the humanity crime statute of limitations into French criminal law. The legislator to introduce many exceptions, various modifications to the law were effectuated dealing with commencement and duration of the statute of limitations. For political reasons, jurisprudence has been persistently hostile regarding enforcement of the statute of limitations by illegally delaying its tolling period and allowing extensive interpretations of "suspension" and "interruption" terms. Such legislative and jurisprudential attitudes have been criticized by the doctrine because they lead to an incoherent and hasty adoption of the reform
Ruopoli-Cayet, Sylvaine. "Arnould Bonneville de Marsangy (1802-1894) : un précurseur de la Science criminelle moderne." Lille 2, 1999. http://www.theses.fr/1999LIL20023.
Full textAuroy, Benoît. "La consommation de l'infraction." Thesis, université Paris-Saclay, 2021. http://www.theses.fr/2021UPASH001.
Full textThe offence’s consummation is a term very familiar to the legal community, especially those interested in criminal sciences. However, the legislator has never been bothered to define it. What does this notion precisely mean? What is its usefulness? At first glance, the offence’s consummation is opposed to the attempt to designate the full constitution of the offence. It would thus be nothing other than the gathering of the constituent elements of the offence. This opposition between the consummation and the attempt is nevertheless not absolute, as illustrated by a recent decision of the Cour de cassation, in which it states that an attempt is consummated. The first could be the object of the second. This new reading of the consummation is thought-provoking, since this notion proves to be much more uncertain than it seems. Evoked in a single expression within the Penal Code, the consummation seems to have been abandoned by the legislator in favour of other expressions, such as the offence’s commission. This is to be regretted, as its role proves to be quite fundamental. In addition to constituting, in principle, the threshold for the triggering of penal repression and to cause the irreversibility of the act, the consummation influences the scope of application of punishable complicity or the spatial and temporal location of the offence. It is also a determining factor in the implementation of the non bis in idem principle and in the implementation of the rules determining the resolution of laws’ conflict, the prescription of public action and recidivism. Faced with all these issues, a substantial new light on the notion of consummation was therefore needed. If the example of foreign law could invite us to see it as a simple moment in the life of the offence (precisely when it becomes irreversible), such a presentation must be set aside. Because by expressing the perfect correspondence between the facts and the text of incrimination, the consummation appears as the link between the fact and the law; between the facts and the offence they constitute. It leads us to see in the offence not only a body composed of the incriminated facts (the corpus delicti), but also the life that animates it. But through the consummation, the offence is not only just born. It will also exist. In doing so, the consummation enables it to reach its perfection, its ideal, its aim : to generate the criminal responsibility of its perpetrator
Fiorucci, Jean-Sébastien. "L'émergence du droit pénal du travail en France et dans les colonies, de la Monarchie de juillet à la Troisième République (1841-1939 : entre sanction, protection et régulation." Nice, 2005. http://www.theses.fr/2005NICE0036.
Full textIn positive law, there is no doubt about labour sentence law specialisation compared to sentence law itself and labour law even though the discipline's limits can change according to the doctrine. A specific study, through the multiple sources crossing, the conditions of the outbreak of this subject whose independence and oldness compared to industry law and labour law can be proved, was necessary. From 1841 to 1939, some complex sentence devices and specific in their way to apprehend workers, whatever they are intellectual and liberal or commercial, salaried employees or not salaried. This research, from the point of view of the sentence laws practiced to workers what ever their job is, seeks after making comprehensible the entire major politics carried out by France over almost one century
Dolt, Jean-Philippe. "L'évolution de l'indice de la procédure criminelle en France, en Angleterre et en Allemagne, du monde romain à la fin du XVIIIe siècle." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30002.
Full textCircumstantial evidence is first mentioned in the treaties of rhetoric of the classic period and by the roman jurists. Rhetors consider that indicia belong to the class of argumenta used in justice to produce magistrates' convincement. Roman jurists give to the word indicium the sense of sign of another thing, but this vocable means also argumentum. After the Lower Empire collapsed, circumstantial evidence adapted to the Germanic procedure, in which the object of proof is the truth of each party's assertion. In this system, signs of credibility are : divinity's inaction when a party takes an oath, attendance of jurors, party's social rank and antecedent, and finally the sign produced by the ordeal concerning the accused's innocence or guilt. In the system of legal proof from the " jus commune ", indicia--circumstantial evidence and direct imperfect evidence - are excluded from the class of evidence sufficient to prove the crime and the accused's guilt. Indicia are only used in keeping with the recourse to torture. Judicial arbitrium concerning the appreciation of these indicia is limited by the medieval doctors. After the XVth century, continental and English criminalists admit the use of indicia when no better evidence is available. This evolution results from the influence, both of the classical treatises of rhetoric and the theory of probabilism which appeared during the XVIlth century. After 1800, the principle of judgement according to free conviction is admitted all over Europe. However, since the end of the XIXth century, the development of forensic sciences bas lead to the supremacy of circumstantial evidence, which some jurists consider as the new probatio probatissima
Pelletier-Audet, Alexandre. "Mort en sursis: processus décisionnels dans l'attribution de la Prérogative Royale pour les condamnés québécois, 1895-1959." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23232.
Full textButeyko-Bujon, Véronika. "Violence et criminalité sur les terres ukrainiennes au XVIe siècle : étude comparative (Pologne, Pays-Bas, France)." Paris 13, 2011. http://www.theses.fr/2011PA131046.
Full textLolies, Isabelle. "La protection pénale de la vie privée." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32060.
Full textGazeau, Daniel. "La société de Fès au miroir d'un ouvrage de droit musulman : le livre des séances des juges d'al-yafrani (XVIème siècle) : édition critique, traduction et commentaire historique." Paris 1, 1997. http://www.theses.fr/1997PA010566.
Full textWhen bringing out of oblivion a new source concerning marocan history, we wished to cast an additional lignt on historical studies dealing with the mediterranean basin. The object of our study is a legal text entitled "the councils of the muslim judges" and written by Al-Yafrani at the beginning of the 16th centuries. Our thesis is centered on the critical edition, the translation and the commentary of this work. When presenting Al-Yafrani's text, we wished to establish a dialogue between the historian and his source. The historical commentary in the first volume is set to be an introduction of the source in its different contexts. According to us, the study of the container and the contents enables us to better read this kind of work. In defining an appropriate methodology for the exploitation of a legal source, we managed to establish some historical themes. In defining the social groups wich appear in Al-Yafrani's text, we made an attempt to show an historical vision of a legal source
Saphore, Céline Anne. "La jurisprudence criminelle de la Cour de cassation sous la Révolution et l'Empire (1790-1810)." Bordeaux 4, 2002. http://www.theses.fr/2002BOR40027.
Full textJouet, Mugambi. "Les droits de l'homme en France et aux États-Unis : la dialectique des convergences et des divergences." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D024.
Full textThe dissertation examines the evolution of human rights and human dignity in France and the United States since the Enlightenment. Its multidisciplinary dialectic offers news perspectives on the processes shaping the conception of these norms through the experience of two nations with a major historic role.The American and French revolutions converged in invoking universal rights. Yet each country diverges considerably today. While the Declaration of the Rights of Man of 1789 is now a French constitutional text, the concept of "human rights" is hardly used in U.S. law. Moreover, America commonly exempts itself from international human rights norms, as illustrated by its retention of the death penalty. However, this profound divergence did not always exist. Calling into question the notion of a quasi-direct link between the French Declaration of 1789 and human rights nowadays, the dissertation addresses the relationship between the French Revolution and modernity. It also examines France's reticence to ratify the European Convention on Human Rights and how it was among the last Western European nations to abolish capital punishment. The dissertation's first half offers a macro-societal analysis of the evolution of human rights in each nation since the revolutions of the 18th century. The second half focuses on criminal justice, including the death penalty, incarceration, and prisoners’ rights, to assess the impact of human rights and human dignity on positive law during this period. The dissertation ultimately reveals how human rights have been conceived, protected, and denied for generations