Dissertations / Theses on the topic 'Enfants – Responsabilité pénale – France'
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Pétereau-Mahrach, Véronique. "Le discernement du mineur : étude droit civil et de droit pénal." Poitiers, 2004. http://www.theses.fr/2004POIT3014.
Full textDumaine, Laurent. "La responsabilité du fait d'un enfant mineur." Lille 2, 2003. http://www.theses.fr/2003LIL20026.
Full textPositive law approaches liability of minor's act in an exploded mood throughout its rules of private and public lax. Regarding this, it becomes difficult to the jurist and the amenable person to know witch law will be applied to its situation. After drawing the pattern of existing law cases and pointing out the inconsistencies tower they lead when applied, a common meaning for the liability of minor's act came out of jurisprudence around a unique criteria : effective authority. The unifying process around this criterion cannot be achieved without legislator intervention, even if they are not willing to legislate on liability laws from anybody's act. It nevertheless seems urgent to end erring ways of this law, stretched by society needs facing a constantly mutating liability-institution
Cérèze, Constance. "La responsabilité des parents du fait de leurs enfants du XVIe au XIXe siècle." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020025.
Full textThe history of parents’s responsibility between the XVIth and the XIXth century is the history of the progressive acceptance of this institution during the three centuries before the French Revolution, its official recognition by the civil Code in 1804 and its denial at the end of XIXth century. The difficult admission of the responsability of the parents for their children is due to the penal law which is the origin of the civil liability. At the time when our study begins the penal law refuses to charge the children below a certain age and to charge the parents for something done by their children. Despite of that some local custums admit the civil liability of the parents for their children. During the three centuries before the French Revolution this responsability is progressivly accepted due to the better formulation of a general principle charging everybody to pay the consequences of their failures, to the wider allowance of the link between the fault commited and the loss resulting form this fault and at last to the moral of education enhancing the link between the parent’s education and the children behaviour. The responsability of the parents for their children is definitly recognized by the civil Code in 1804. At this stage this principle is the warantie and punishment of the strong paternal power. It is also its specific application of the law charging everybody to pay the consequences of his fault, even the fault in what he has simply neglected or failed to do. The first part of the XIXth Century is the summit of this institution. Both the rejection of a strong paternal power and of the objective fault has caused the rejection of our institution at the end of the XIXth Century
Frémeaux, Sandrine. "La faute parentale." Nice, 1998. http://www.theses.fr/1998NICE0040.
Full textThe object of the research has been to understand the way by which the notion of parental fault is grasped in law in the content of the successive legislations as well as in the evolution of judicial practice. Indeed, the judicial actions of child protection are not dependent upon a fault committed by the parents. They can be instituted in the special cases where the child is endangered without being for all that the victim of parental violence. The interventions under government control rather aims at promoting the parental legal and moral responsibility which is progressively dissociated from the notion of fault. But if parental fault does not constitute the foundation of the child protection system, the family situations in which the child is the victim of an educational deficiency are more and more frequently referred to judicial authority. The importance granted to the judicial appreciation of parental fault has been made possible thanks to the use of legal standards, child interest, danger for the child, parental disinterest, serious causes or exceptional circumstances, whose vagueness enables the judges to face the infinite diversity of facts and the transformation of social reality. The exclusive competency of judges might seem to be arbitrary if we would limit ourselves to considering the imprecision of the above standards. But the study of the functions of each of the judges of parental fault evinces on the contrary a delimitation of their respective fields of competency and a convergence of their decision-making processes. Nevertheless, there remains a common danger to all civil procedures of child protection against parents: it is to see judicial authority renounce their duty of factual evaluation and resort to fictions, presuming to conform the child interest and being incapable of expressing the specificity of some family situations
Seyyed, Esfahani Hesam. "Le mineur en danger et la politique criminelle : étude comparative France et Iran à la lumière des instruments internationaux." Nantes, 2015. https://archive.bu.univ-nantes.fr/pollux/show/show?id=28df9540-47ee-4833-ac1e-c28b2523742f.
Full textKarimi, Nourollah. "Le procès pénal des mineurs en droit français et iranien : approche comparative à la lumière des instruments des Nations Unies." Pau, 2011. http://www.theses.fr/2011PAUU2003.
Full textThe concept of criminal trial or, more accurately, the science of criminal trial has two features when applied to minors. Firstly, it is not just a fair trial, applicable to all the accused (adults and children). It is also a set of normative and operational framework aiming specifically to support the juvenile offenders. However, this statement is ambiguous. Indeed, such an approach is based on what is considered as the standard of juvenile criminal law applicable to minors, with its three pillars: “discernment”, “child’s best interests”, “education”. Secondly, in comparison with judgments imposed on minors before indictment, the characteristic of juvenile criminal trail applicable to minors are very specific after the indictment, and subjective, especially in French law. The specificity of criminal law is also justified by the variety of measures applicable to minors. However, the common rules are still enforced during the criminal treatment of minors, more particularly in Iranian law. As a result, the criminal trial applicable to minors seems to be devoid of coherence and its specificity appears to be relative
Keita, Stéphanie. "L'intérêt de l'enfant délinquant en droit pénal." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1017.
Full textFar from being isolated, the notion of interest of the child invests surrounds more and more important domains of the substantive law. The scale and the superiority of the interest of the child forced the legislator to intervene every time it is about child or of minor. The concept of childhood calls on to several notions which are the ones of innocence and purity, but also vulnerability. This notion of childhood opposes the concept of crimes , which calls on to the notion of committee of a reprehensible act. One of the objectives of the study is exactly anxious to analyze how the french legislator, in consideration of the young age of the child, established a particular protection to the child author of breaches
Deloffre-Vye, Frédérique. "La responsabilité pénale du chercheur scientifique." Poitiers, 2000. http://www.theses.fr/2000POIT3005.
Full textL'Hôte, Vincent. "La responsabilité pénale des membres des exécutifs." Nancy 2, 2001. http://www.theses.fr/2001NAN20009.
Full textColomb, Coralie. "La responsabilité pénale des professionnels de santé." Nice, 2004. http://www.theses.fr/2004NICE0045.
Full textThe study of the penal responsibility of health personal combines jurisdictional responsibilities and medical laws. Recently, suiting health personal like doctors or medical assistants has provoked a debate. The lawyer observes indeed a paradox when it comes to the suiting mechanism; application of the medical responsibility regime is opposed to the complexity of medical acts. This conflict of interest between patients and their doctors, each part being responsible of their rights and duties, is very specific to the penal medical law. Suiting medical personal concern imprudent acts that have provoked a corporal injury and sometimes death of the patient. Indemnisation of medical prejudices seems to be admitted and favoured by the legislator. It works in a civil process or in a both-part deal. That fits new patients' expectations. Excesses in penalisation of medical faults come from responsibility issues: penal fault and causality link with the damage. The penal exposure is copied on the court-suiting model. More favourable to the victims, repression is an open alternative for the patient, but its practical and conceptual contradictions have to be precise. Excessive repression of medical damages has theorical and legal causes. It has consequences on suits as the proof regime is eased. A better definition of faults in the medical law would allow conciliation of health personal, patients and the society's interests. Without making doctors "untouchable", the law must adjust an acceptable penal frame for all actors in the system
Renaud, Durand Pascale. "La responsabilité pénale du chef d'entreprise." Montpellier 1, 1994. http://www.theses.fr/1994MON10025.
Full textSaint-Gérand, Valérie. "La culpabilité dans la théorie de la responsabilité pénale." Lyon 3, 2000. http://www.theses.fr/2000LYO33031.
Full textEffa, Joseph Pierre. "La responsabilité pénale des ministres sous la Vème République." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40006.
Full textDelas, Audrey. "Les personnes morales de droit public parties au procès pénal." Nice, 2012. http://www.theses.fr/2012NICE0041.
Full textUnder the principle of separation of administrative and judicial authorities, only the administrative judge should be competent when the dispute concerns a legal person of public law. Nevertheless, the criminal law procedure and penal code integrate these abstract entities. It is expressly provided since the promulgation of the 1994 penal Code, legal responsibility of legal persons of public law. However, both in substance and in form the existing legislative arsenal does not seem adapted to the specific legal entities of public law. In addition, these entities are not only authors, speaking at public action but also actors in the civil action. On one hand, they may be defendants in civil actions. Indeed, the Authority may be called collateral for offenses committed by officials as a result of a lack of service. However, the case for intervention are very rare since the principle is the incompetence of the judge to judge on the civil administration because of the principle of separation of administrative and judicial authorities. On the other hand, the legal person of public law may assume the role of plaintiff. However, the plaintiff is seeking redress or revenge. A legal person of public law does not seem legitimate to seek revenge as an abstract entity or to seek redress for a violation of his feelings. In each of the roles it can hold the legal person of public law seems to find its way with difficulty
Martel, Céline. "Les détenteurs de pouvoirs d'autorité et le droit pénal : essai sur une responsabilité pénale du décideur." Nice, 2004. http://www.theses.fr/2004NICE0060.
Full textThere is no penal responsibility for the decision maker. Several regimes modes coexist. The public decision makers, among whom the President of the Republic, the ministers or the members of Parliament, enjoy derogatory provisions to the common right protecting their functions. The company manager has the delegation of powers to exonerate his penal responsibility. This cause of no imputability, applied to all the decision makers, melts a penal responsibility for the decision maker superimposing himself on the existing modes. The decision maker is then distinguished from the only holder of capacities of authority power
Behloul, Zoubir. "La responsabilité pénale en droit français et algérien comparés." Paris 2, 1994. http://www.theses.fr/1994PA020056.
Full textOthmane, Khaled. "L'imprudence pénale et ses liens avec la responsabilité civile." Paris 8, 2007. http://www.theses.fr/2007PA083567.
Full textThe interest of the study devoted to the penal offence of carelessness, which is common to us because the most of the accidents happening in daily life involved in one, has in fact, aroused a resurgence of the interest since the Law of July 2000 which tended to precise the definition of the offences committed unintentionally. Henceforth, there is a hierarchy of offences from an ordinary offence to one characterized or deliberated; moreover depending on it’s a direct or indirect principal. For all that, does it really have a link between the degree of the offence and the characters of causality? Does the penal offence have the same nature with the civil offence? Is the causality reduced to a simple articulation between a fact that the generates a new legal situation and an jury, or does it hide other functions ignored from now like the one which revealed the real existence of the offence which revealed the real existence of the offence which is source of the penal and civil responabilities?
Rabeyrin-Puech, Pascale. "Parents désunis et protection pénale de l'enfant." Lyon 3, 1992. http://www.theses.fr/1992LYO33020.
Full textThe parent who does not take on his ou her family responsability is guilty of family desertion or non representation of child and as such can be sentenced to imprisonnement or a fine can be brought upon him her. Criminal law embraces the obligations stemming from family life. This is meant to protect divided parents'children, especially their health and education. The penal magistrate intervenes in a long-lasting conflictual family situation which has not been settled. The inadequacy of a civil and administrative protection justifies the interference of penal law in a divided family. Under these conditions, the penal protection of the child seems necessary, but in fact is relative: only an action brought against a parent who is guilty of family desertion is efficient. A suited penal sanction is likely to protect the child in his food need. On the other hand the implementation of a sanction on a parent sued to court for the non representation of a child does not allow to solve this family tragedy in its psychological magnitude. This acknowledgement leads to seck non contentions solutions to family disputes
Marini, Gilles. "La gestion du risque pénal par les entreprises privées." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32022.
Full textThe new french penal code founds the criminal liability of the incorporated bodies. This new statute creates a hierarchy between vicarious liability and the criminal liability of the incorporated bodies. The manager has to assume the criminal risk in his daily administration. He has to fit up a decentralisation of power in the enterprise by delegation of authority. This decentralisation goes with a joint-management. The purpose is to part, the incorporated body from its manager who made the offence in order to attenuate its guilt and to avoid an economically maladjusted penalty. In fact, his administration requires human and financial resources. So only big firms will be able to fight with criminal risk. In the case of a small firm, the manager has to try to attenuate his own liability by arguing about a "general policy of the enterprise", new case of criminal irresponsibility
Dubois, Charlotte. "Responsabilité civile et responsabilité pénale : à la recherche d'une cohérence perdue." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020066.
Full textStudying two separate disciplines, such as Civil and Criminal liability, it would not be expected to find any interactions between them: Civil Law repairs the damage caused to private interests; while Criminal Law punishes, thereby ensuring public interests. These differences in purpose justify a hierarchy of disciplines resulting in the supremacy of Criminal Law over Civil Law. However, it will be shown that the legislature and the judge are going in the wrong direction by considering that there is a difference of degree between Civil Law and Criminal Law where there is actually a difference in nature. This incorrect assumption has given rise to a widespread confusion where each discipline takes ownership of the considerations of the other: Civil Law becomes punitive, while, at the same time, Criminal Law becomes increasingly compensatory. The present work aims to denounce a double danger: first, Criminal Law abandons its protective function of public interests when it attempts to repair purely individual damages; second, a punitive Civil Law, detached from the fundamental safeguards that are attached to criminal matters, may prove to be a threat to individual freedoms. This cross-movement between the two disciplines jeopardizes the consistency of their respective systems: reciprocal influences must be revealed in order to better understand the weaknesses of legal liability and to propose remedies that ensure a consistent and complementary arrangement of legal rules
Julitte, Florence. "L'approche pénale de la folie." Paris 10, 2004. http://www.theses.fr/2004PA100189.
Full textRobaczewski, Corinne. "Le rôle de la faute antérieure en matière de responsabilité pénale." Lille 2, 2002. http://www.theses.fr/2002LIL20007.
Full textThe objective of the thesis is to identify and explain the function of a former offence. We argue that the latter function implies the qualification of this offence. Most authors rule out the relevance of taking into account a former offence, on the grounds that the culpability concept has no inter-temporal character. By contrast, we demonstrate that the function of a former offence is very limited for the characterization of culpability. Only effective culpability, which is necessary for the personalization of the sanction, is argued to impact the function of a former offence. However, the function of a former offence is decisive for the delineation of liabilities. This can apply in a positive sense, as a condition of existence of criminal liability. This can also apply in a negative sense, as a condition of limitation of criminal liability. We point to implications in terms of repressive policy. However, we demonstrate that the function of the former offence can threaten legal security. .
Brault-Jamin, Vincent. "Les élus et fonctionnaires territoriaux devant la justice pénale." Poitiers, 2000. http://www.theses.fr/2000POIT3002.
Full textReinaldet, Dos Santos Tracy Joseph. "La responsabilité pénale à l'épreuve des personnes morales : étude comparée franco-brésilienne." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10025/document.
Full textThe criminal liability of the companies exists in French criminal law and in Brazilian criminal law. In these legal systems, it has raised a number of dogmatic problems. These dogmatic problems could be summarized in the following question: how could we adapt the theory of infraction and the theory of criminal responsibility to the peculiarities of the companies? This question is the central point of this work which seeks to analyze the movement of harmonization between criminal law and companies. In this analysis, our study was divided into two parts. In the first part, we will analyze the adaptation movement that was carried out by criminal law, in the sense of adapting some concepts to the intangible nature of the company. In the second part, we will examine the creation movement that was conducted by criminal law, in order to create new legal concepts, which were designed especially for the companies
Nandrasana, Saifa. "Le témoignage des enfants dans l'enceinte judiciaire pénale canadienne." Master's thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/25901.
Full textBordier, Dominique. "La responsabilité personnelle du maire." Rennes 1, 2004. http://www.theses.fr/2004REN1G013.
Full textA mayor is a personality elected on a political level. He benefits by an institutional independence, and in principle, he is politically irresponsible. His important power, and the weaknesses of the municipal decision making process, end in a penal sanction which is a subtitute for a political responsability. A new organization of the local executive and a creation of a political responsability, allow to remedy for this penal shift. In his capacity as public agent, the mayor is submitted to the rules of an administrative responsability, on the basis of a personal offence. The responsability rules, on the penal law level, conduct to a general penal judicial system, which leads, for the mayor, to a repressive evolution of his involvement. Redefining and precisely, the concepts of personal offence, civil offence and penal violation, means to allow a reasserted civil responsability and a penal confined responsability. Moreover, the mayor's tasks based on general interest justify a conversion of the penal process
Grandil, Gwenaëlle. "De la loi en l'homme à la loi des hommes, essai sur la responsabilité pénale du mineur." Rennes 2, 2003. http://www.theses.fr/2003REN20060.
Full textEvery penal system is based upon anthropology, that is a vision of man. As far as the concept of responsability is concerned, the bases underlying the place of man within the legal organization have altered. From the moral subject who has to be punished because he has committed a sin, to the social subject answerable for his nature of citizen when he commits an act against the city, from the Christian heritage to the lay on dating back to the Revolution, numerous representations of the individual have founded our right to punish. But the question still remains : when we talk about penal responsability, does it mean we should understand the psychic motives of the individual or should we situate man, as a member of a definite group, thanks to a system of representation interested in the social position of the subject and his relationships within the group. The child is at the heart of this issue. Subject of law, from now on he has to answer for everything he does, but at the same time isn't it forgetting the psychological nature of the case ?
Sciortino-Bayart, Stéphan. "Recherches sur le droit constitutionnel de la sanction pénale." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32008.
Full textNaviaux, Sylvain. "La responsabilité pénale dumaire et de la commune : la nécessité d'un statut de protection." Reims, 1999. http://www.theses.fr/1999REIMD005.
Full textThe penalty's liability for the mayor and the municipality present a question of the moment. The mayors are very worried about this risk of repression. The thesis has for object to find juridicals solutions to conciliate the penalty's liability for the mayors with their mission. It's why the thesis present a status of protection. In the first part, we study the grounds of a status. Why is it necessary of a status ? the inflation of the laws, the decentralization and sociologicals grounds sween the penalty's liability for the mayors. A protection seems necessary : a lot of mayirs want to resign,, in the second part, we study the domain of this penalty's liability : an innovation with the penalty's liability for the mun. -lcipality. For the mayors, the exercice of his police's powers and the violation of probity's duty are the most important domain of his liability. In the third part, we present the juridicals solutions who can protect the mayor and the municipality in their mission. We can find ci lot of solutions, but the distinction between the services fault and the personals fault is the most interessant
Dia, Ibrahima Niass. "Réflexions sur l'applicabilité aux personnes morales des causes d'exonération de responsabilité pénale." Poitiers, 2006. http://www.theses.fr/2006POIT3005.
Full textIn 1994, one of the main innovations by the french legislator was the institution of the possibility for legal entities to be liable in criminal law. Nevertheless this institution raised manu queries that remained unsolved such as the applicability of the legal causes of exemption to the entities. Thus it appears that the objective causes proceeding from an injuction – i. E. Legal order, legal permission and command from proper authorities – and those proceeding from a case of necessity – i. E. Acting in self-defense or in legal defense of people and possessions, and having no alternative but to commit an offense – are quite applicable to legal entities. The subjective causes proceeding from an absence of sound reasoning – i. E. Mistake and constraint – are also applicable to legal entities. However the subjective causes proceeding from a lack of judgment – i. E. Mental disorders and legal infancy – seem to raise more difficulties. Actually these causes are not applicable to legal entities because of anthropomorphic and legal obstacles
Duparcq, Christèle. "Le rôle de l'imprévisibilité dans la détermination de l'irresponsabilité pénale." Tours, 2002. http://www.theses.fr/2002TOUR1002.
Full textLazaar, 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
Cousin-Leray, Delphine. "La protection pénale de l'intégrité sexuelle des mineurs." Nantes, 2005. http://www.theses.fr/2005NANT4020.
Full textThe study of the criminal protection of the sexual integrity of minors aims, on one hand to review the applicable law to the situation of the minor victim of sexual violence, on the other hand, in a forwardlooking reflection as for the emergence of a childhood criminal law, in fine, of a childhood law. Indeed, and if speaking about criminal protection of the sexual integrity of minors seems to evoke first of all the study of the repressive law of the sexual violence applied to minors, the problem exceeds widely this only perspective, in the sense that it sends back to the protective function of the criminal law, and in the notion of protected interest, from wich comes within sexual integrity and minority. Henceforth, the domain of reflection widens, to consider, besides the strict thorough criminal law, all the devices contributing to the realisation of the imperative of protection of the minor's sexual, interrogation about their interactions. At this prospect, the question of the criminal protection of the sexual integrity of minors arises as the privileged place of a reflection on the evolution of the criminal law, of the penal matter, but also on the penal justice of the minors, the novation of which it suggests by allowing to identify the criteria of structuralization of a childhood criminal law. By this way, the study postulates, on one hand, of the necessity of a legislative construction from clearly identified interests protected, on the other hand, of an unique criterion for a reconstruction of the matter, and related fields, liking the vulnerability of the concened subject : the minor
Charvin, Arnaud. "La responsabilité des élus." Paris 12, 2000. http://www.theses.fr/2000PA122015.
Full textSerratrice, Brigitte. "La responsabilité pénale des personnes morales dans le nouveau code pénal." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32025.
Full textThe criminal responsibility of juristic persons established by the new french penal code has often been presented by the authors and the members of parliament as a novelty. First, in a theoric way, it is true that it calls in question the traditional conception of the juristic person which becomes by a juridical artifice the potential perpretator or accessory of a criminal offense, and can notably suffer the various and specific punishments prescripted by the new penal code. Nevertherless, that novelty is limited by elements of foreign laws, the french law prior to the new french penal code, and the way that the principle has been formulated. In practice then, the carrying into effect of the criminal liability of juristic persons will be possible for many offenses, and adaptations of procedure have been done. The disposition presents otherwise advantages as concerns some serious offenses (pollution, counterfeit. . . ) but can also be dangerous sothat the new penal code has maintained the penal responsibility of guilty natural persons. In conclusion, the criminal responsibility of juristic persons could be a convenient tool, but the judge will have to use it prudently
Ayed, Wafa. "La responsabilité pénale des décideurs publics pour infractions non intentionnelles." Paris 10, 2008. http://www.theses.fr/2008PA100158.
Full textFor some years, the public decision-makers see their penal responsibility questioned for not deliberate offences. The “intervention of the penal judge " in the public dispute engender a necessary adaptation on behalf of the public decision-makers who have of to integrate the " penal risk " into the management of the public affairs which they have. But the penal responsibility is not less concerned. And while it is more and more sought, appears a movement of contesting on behalf of the public decision-makers, who consider excessive this appeal to the penal lawsuit. From then on, the penal responsibility has to adapt itself not being able to apply on the action of the administration. This tempestuous meeting with the public decision-makers, followed the necessary arrangements taking into account the specificity of the administrative action. It seems nevertheless that these arrangements, although useful are insufficient and it would be convenient to create a regime of penal responsibility common to all the decision-makers
Paillard, Bertrand. "La fonction réparatrice de la répression pénale." Paris 2, 2004. http://www.theses.fr/2004PA020040.
Full textHecquet, Virginie. "Les présomptions de responsabilité en droit pénal." Lille 2, 2006. http://www.theses.fr/2006LIL20019.
Full textThe existence of presumptions of responsability in criminal law displays evidence of an antagonism which rules over the subject, between on one hand the protection of general interest – by the prosecution of the offenses that undermine it – and on the other hand the protection of individual rights – which tend to be a safeguard to the ordinary individual against any unfair sentence. While the presumption of innocence compels – in theory – the prosecuting counsel to bring forth proofs of the guilt of the accused person and to concede the latter the benefit of the doubt, the presumptions of responsability allow to ensure the efficiency of repression when there is unusual difficulties in proving because the common rules of proof turn out to be insufficient in such a process. Consequently, despite sharp doctrinal protests they have been the object of he presumptions of responsability are in no way at variance with the principle of the presumption of innocence. Actually, in the proper dispensing of penal justice, they appear to be counterpart of such a principle. The best proof of it stands in the truth is invested with a cardinal importance considering the interests concerned in a penal lawsuit, the presumptions simply facilitate the proof of the offense or the identification of its perpetrator, these rules directly tend to establish the existence of a vicarious responsability based on the professional position of the prosecuted person. Repressive law is therefore using a system of responsability without fault which is incompatible with the fundamental principles of criminal law and with the requirement of demonstration the truth. Thus, these rules should be ruled out, contrary to the true presumptions of responsability, whose practical legitimacy definitely appears to contribute, as rules of proof, to the achievement of the objectives of repressive law
Terro, Khodor. "La responsabilité pénale des personnes morales dans les droits français et libanais : suggestions au législateur libanais." Poitiers, 2010. http://www.theses.fr/2010POIT3004.
Full textLebanese law has always recognized the criminal responsabilities of the legal entities. The terms of article 210 have existed since the indtroduction of the first Lebanese penal code in January 1944. The source of this responsibility appeared in laws from article 89 paragraph 7 and 116 paragraph 2 of the bill proposing the modification of the French penal code of 1934. Since that date the simple, yet relatively vague terms of article 210 have not been amended. In return, the French legislature waited until 1994 to integrate this responsability into article 121-2 of the penal code. This article has since undergone numerous modifications. I am attempting to bring propositions before the Lebanese legislature in the light of the rich experience of the French parliament by avoiding errors of interpretation of Lebanese law and basing these suggestions on the results obtained through my jurimetrics study carried out on the level of the Lebanese jurisprudence
Aboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Full text« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Bouvier, Ludovic. "La responsabilité pénale du mineur au XIX siècle dans le département de l'Indre." Paris 12, 1999. http://www.theses.fr/1999PA122011.
Full textCoupey, Marie-Géraldine. "La défense du mineur devant la justice pénale." Poitiers, 2004. http://www.theses.fr/2004POIT3008.
Full textCharpentier, Stephane. "Contribution à l'étude de la faute pénale d'imprudence." Montpellier 1, 1993. http://www.theses.fr/1993MON10029.
Full textIf everyone can imagine any infraction, he can't about unintentionnal violation, the unvolontary fault isn't definite except for exemples. It's possible to specify the definition of the fault by studying others composed elements; but the study of legal and material elements shows the fault is a changeable notion, which qualifies the hazard as well as the volontary act. The fault would be a sort of abstraction. Then, this misconception is opposed by a certain doctrine; the applications of this actual view are meaningful. If same causes give same results, then the new penal statute-book would consecrate this second conception. But their dispositions mix up both ideas. However this code shows a definitive evolution, leaving magistrates the possibility of repressing only the second type of fault; because its legal estate would be confined
Jacopin, Sylvain. "La responsabilité pénale du mineur : essai de contribution à l'évolution du droit pénal des mineurs." Paris 1, 1999. http://www.theses.fr/1999PA010309.
Full textTosello, Magali. "La responsabilité des maires en matière de sécurité publique." Nice, 2010. http://www.theses.fr/2010NICE0041.
Full textAdministrative police powers of mayors do not stop extending since the advent of the decentralization. However, because of the disparity of the means provided to them but also the continuous expansion of their skills in law and order, mayors see more and more their liability engaged. Indeed, beyond the administrative or criminal liability of the municipality, mayors can see their personal liability engaged in case of lack of precautionary measure. So, in spite of certain legislative contributions, it seems that among the means to be implemented in order to prevent legal actions, mayors have to communicate, on one hand, within the framework of their prevention policy of the risks and, on the other hand, to insure at best their defence
Mercier, Bérengère. "Les seuils d'âge dans la législation pénale : vers un rapprochement du statut du mineur et du jeune adulte délinquants." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40033.
Full textThe french criminal law defines limits of ages which correspond to different status of offenders. Thus, as soon as the delinquent is eighteen years old, he is mainly bound by the rules of the criminal code, whereas the minor profits by a criminal responsibility, a procedure and penalties based on a special law. Considering that minors and young adults present similar characteristics, could one criminal law be set up for all of them? such a big reform is not desirable, but the modernization of criminal justice supposes to bring the status of minors and young adults nearer, as also the choice of more apposite limits of ages. Minors and young adults will be bound to a different law and to different tribunals. Towards the minor, several reforms of the ordinance of 2. 2. 1945 are indispensable, but this text and its spirit will remain. As for the young adult, till the age of twenty-one, he will be bound by the criminal code, restrained by the extension of some rules of the ordinance of 1945, in order not to prevent his "resocialization". The only minor will profit by "educative measures", but same "educative sanctions" will be laid down for all the young people. All these rules will be based upon a special criminal responsibility which will have a pedagogic function : a "responsibilization" or a "mitigated criminal responsibility". The very young child, under thriteen, will still be irresponsible towards the criminal law. Lastly, the politics of prevention of delinquency will keep affecting all the young people, minors or young adults with no distinction
Bonardi, Agnès. "Les défis d'une justice pénale moderne pour les délinquants mineurs." Le Mans, 2003. http://cyberdoc.univ-lemans.fr/theses/2003/2003LEMA2003.pdf.
Full textJuvenile delinquency is a major concern for society and legislators who are stiil trying to find out means to counter it. If the founding text of penal law for minors, the Act frorn the 2 of February 1945 is still enforced, the large amount of modifications made since its adoption show the need for a new organization and new means to set up a penal justice able to take up its own challenges: The assertion of juvenile penal liability and the rehabilitation of sanctions from the educational point of view. In order to do so, we need to follow the lines drawn by the traditional penal law paraphernalia, especially the mechanism of liability implying pedagogy and guarantees for the involved minors. The association of both, the educational side and punishing side, to deal juridically with juvenile delinquency can be achieved if partnership and team work are organised between the juridical institution and the different parties dealing with minors. The penal solving of this delinquency, a juridical and social stake, requires the involvement of society as a whole aiming at living better together on a long term basis
Benoît-Renaudin, Cécile. "La responsabilité du préposé." Paris 1, 2008. http://www.theses.fr/2008PA010271.
Full textGioanni, Pierre. "Le particularisme du droit pénal de la famille (étude des finalités de l'intervention pénale)." Nice, 1992. http://www.theses.fr/1992NICE0035.
Full textSourd, Julia. "L'obligation de sécurité en droit privé." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40024.
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