Dissertations / Theses on the topic 'Exécution des peines'
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Arpin-Gonnet, Franck. "Exécution des peines et autorité de la chose jugée." Lyon 3, 1992. http://www.theses.fr/1992LYO33030.
Full textLEE, KYUHWA. "La personnalisation de la sanction pénale : étude juridique et criminologie." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32012.
Full textEverybody seems to be satisfied with the word personalisation introduced in the new french penal code to entitle its section ii of the chapter ii of the title iii of the book first, which contains in fact the modes of individualisation of the penal sanction (art. 132-24 -132-70), and nobody seems to question whether it was reasonable to use in this way the word personalisation in place of that individualisation. As for us, taking the notion of personalisation in a sense quite different from that of individualisation, we wanted to deepen this new notion so that it can be a answer to the differents problems put forward as regards the penal sanction. The orientation we have chosen in the development of our theme was dictated essentially by epistemological and phenomenological considerations of the penal realities, carried out from the personalist points of view. And so our study implies both a contesting of the misuse of the word personalisation by the new penal code and new horizons for the criminel politics with this new notion
François, Christine. "La juridictionnalisation des procès de l'exécution des peines." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20017.
Full textIn the law of enforcement of the sentences, two essential proceedings are at stake for the sentenced person : the disciplinary proceeding and the enforcement proceeding. In recent years and despite the division between private law and public law that characterizes them, these proceedings have come within the framework of a unique jurisdictional logic. Although they are often envisaged as different, the interest of this study is to demonstrate that beyond the polymorphism of the law, on the one part,and the jurisdictional and non jurisdictional organs to which these proceedings are connected, on the other part, the last ones have known a concomitant evolution in terms of recognition of procedural safeguards. Thus, today, we can assert that a real general law of enforcement of the sentences was born. Nevertheless, this common-core syllabus still shows numerous inadequacies towards the principles which must characterize a fair trial (independence, impartiality, public hearing…). In spiteof this, French courts still refuse to admit the applicability of certain supra-legal principles in prison environment, basing themselves on proper criteria and on an erroneous legal definition of disciplinary proceedings. Therefore, this study intends to underline the real criminal definition of these proceedings and advocates the principle of unity of law enforcement. As a matter of fact, the question is to determine the organ best to protect the rights of the sentenced person. Then, will arise thequestion of the hypothesis of a common proceeding by taking into account the existing link between the enforcement of the sentence proceeding, through revocations of reductions of sentences
Menu, Sophie. "De la volonté du condamné dans l'exécution de sa peine." Poitiers, 2004. http://www.theses.fr/2004POIT3013.
Full textEddadsi, Bouchra. "La certitude de la sanction pénale." Nice, 2010. http://www.theses.fr/2010NICE0040.
Full textBrassier, Sophie. "La réinsertion et l'exécution de la peine d'emprisonnement : essai d'analyse contractuelle." Rennes 1, 2007. http://www.theses.fr/2007REN1G012.
Full textThe article number 707 of the code of criminal procedure from the law number 2004-204 March 9th 2004 relative to the adaptation of justice to the evolutions of crime, testifies to a new penal rationality during the execution of the sentence of detention. By placing reintegration in the acme of the aims assigned to the execution of sentences, it highlights one philosophico-ideological powerful paradigm : the concept of responsibility. This one, studied in all its dimensions, thanks to a crossed and appropriate analysis of the legal and psychocriminological approaches, reports the construction of relations of otherness. From then on, reintegration enters the ethical frame of a restoring justice and consequently reflects a social utopia. Beyond the first aspect of the analysis, the prisoner himself and the authorities in charge of the execution of the sentence, appear inevitably stakeholders of an atypical contract : the contract of application of sentences. This one strengthens the idea according to which everybody, parties but also third parties concerned by the contract, must contribute to reintegration in a purpose of social peace. No longer thought in terms of finality, reintegration is consequently considered as a slow, dynamic, interactive, but never completely achieved, process of reconstruction of otherness, which has to take its origin during the execution of the sentence of detention. That way, through the implementation of different strategies and offers made to the prisoner himself to mobilize differently in his existence, the latter has the potentiality, following the example of the victim himself, to find a new productive social position
Kensey, Annie. "La population des condamnés à de longues peines : apports de la socio-démographie pénale à la controverse sue le rôle des aménagements de peine dans la lutte contre la récidive." Paris 1, 2005. http://www.theses.fr/2005PA010635.
Full textNimal, Clarisse. "Réinsertion et peines de milieu ouvert." Thesis, Université Côte d'Azur (ComUE), 2019. http://theses.univ-cotedazur.fr/2019AZUR0026.
Full textThe 21st century marks a decisive turning point in the history of the law of the enforcement of sentences. The function of rehabilitating a convicted person has gradually become of paramount importance, only to be enshrined as a contemporary function of sentencing. In the face of the unanimous observation that the prison institution has failed to achieve the fundamental objectives of criminal policies to prevent recidivism and criminal overcrowding, the use of open-setting sentences has been constantly promoted by the legislator as a recourse. This type of sentence is considered to be the cornerstone of the offender's reintegration and therefore the mean to achieve less recidivism. Nonetheless, despite their undeniable potential in terms of the rehabilitation of the convicted person, it appears that they cannot achieve the objectives set out without an increased investment in the field of probation. However, the administrative body responsible for their implementation and monitoring has clearly insufficient human and material resources in this respect, leading to not completely fulfill the socio-educational requirements for these penalties. In addition, criminal policy makers should take into consideration the possibility to move away from the paradigm of confinement in order to ensure coherence and efficiency. Only under these conditions can the endemic phenomena of prison overcrowding and recidivism be effectively controlled. Will the French criminal justice system be able to make these profound and life altering changes ?
Enderlin, Samantha. "Le droit de l'exécution de la peine privative de liberté : d'un droit de la prison aux droits des condamnés." Paris 10, 2008. http://www.theses.fr/2008PA100081.
Full textThe law of the execution of prison sentences has been mainly devised to maintain order and safety in penitentiaries and for a long time was made of rules that could not be appealed and difficult to understand. Up to the mid 1990ies the fundamental rights were seen as favours. Under the essential influence of the Council of Europe, this part of the law is now open to principles above the law. Many changes have been done. The possibility to appeal before a jurisdiction, the right of a defender for the main decisions linked to execution of the sentence and the right to present oral or written observations are now part of the rights of the convicted. However the respect of the above the law principles is still insufficient: faults and sanctions are not very well defined, the principle of the right to an independent and fair trial is not taken into account during the procedure in front of the discipline commission and the application of sentences commission, the law's intervention is still insufficient. Generally speaking the infringement to the fundamental rights of the condemned are not defined in relationship to the risk to public safety that the sentenced people could represent, including the current project of penitentiary law. So the right of execution of sentences still needs to be improved. Only the full respect of constitutional and European principles will unable the sentenced people to be considered as citizens
Saas, Claire. "L'ajournement du prononcé de la peine : césure et recomposition du procès pénal." Paris 1, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098934.
Full textDanjaume, Géraldine. "L'influence de la maladie sur l'incarcération." Lyon 3, 1994. http://www.theses.fr/1994LYO33014.
Full textFouda, Nkene Madeleine. "Le détenu." Toulouse 1, 1997. http://www.theses.fr/1997TOU10015.
Full textThe evolution of the legal condition of the prisoner is linked to the change in the functions of prison. For a long time prison merely served a function of retribution. The sole objective of the sentence of imprisonment imposed on the guilty person was thus to sanction the disregard of social rules. Prison discipline was very restricting. The only important factor was the execution of the sentence. From the moment that an interest was taken in the prisoner as a human being, prison was assigned a function of re-socialization. The period of incarceration is thereby used in such a way as to favour the delinquent's social improvement so that he or she can henceforth conform to the elementary rules laid down for life in society. The modes of enforcement of the deprivation of liberty therefore vary according to the offences and the personal capacities of the individual concerned. The recognition of the prisoner's human rights is in line with this evolution. At the present time the authorities which intervene in the execution of the sentence of deprivation of liberty must find a just balance between two requirements: to assure the necessary prison discipline and to favour the re-socialization of the prisoner, having respect for human dignity. These contradictory tasks reveal the complexity of the sentence of imprisonment and it becomes impossible to measure the exact content of the sentence. Despite the objectives exposed, the prisoner's situation remains largely reliant on prison demands. The actual rights which one is recognized as having are limited to what imprisonment will permit. Moreover, the prisoner's re-socialization may be compromised; once the sentence is served this newly liberated person must still face additional penalties, such as a society which has evolved in his or her absence and which is very often distrustful of the former prisoner
Mbaye, Abdoulaye. "Les empêchements ou obstacles liés à l'application des sanctions pénales au regard du droit comparé : l'exemple de la France, du Maroc et du Sénégal." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1079.
Full textCertainty of a sorrow to its execution supplements one measures how much the way is full with unforeseen. Time, the magistrates, the political power has their own actions which will destroy, to curtail, to even stop the process of application of the sentence of emprisonment. The effectiveness of this penal sanction did not cease suffering from legal mechanisms and events of facts. The latter, while making it possible to their recipient to be free, constituted at the same time a real obstacle or one prevented with the effective application of the sorrow envisaged by the texts; or even that pronounced by the judges. The place of the prison in the French, Moroccan and Senegalese penal system is crucial. The prison is the sorrow of reference, without the being, while being it in these countries in question as in much of other countries. It is all the paradox of the criminal policy of these French, Senegalese authorities; and fairly Moroccan. For this reason, it thus seems necessary to wonder about the nature and the place of the prison in the scale of the sorrows. Prison overpopulation, the inefficiency of the sorrows of imprisonment oblige to face the question of its prevalence. Because the research of the certainty and the effectiveness of the
Dréan-Rivette, Isabelle. "De l'individualisation à la personnalisation de la peine : approche épistémologique de la norme sanctionnatrice." Rennes 1, 2003. http://www.theses.fr/2003REN1G022.
Full textRistori, Jean-Philippe. "Les droits de la défense dans le contentieux de l'exécution des peines privatives de liberté." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0599.
Full textShared between the administrative and the judicial orders, the litigation regarding the execution of custodial sentences has really emerged since the end of the 90’s. The history of this legal field has been marked by the progressive assimilation of the rights of defense. Firstly, because of the weakness of the sources and the indermination of the legal nature, the rights of the defense hasn’t been well received. So, the actions initiated by convicted person against the decision taken by prison administration and the judge of the execution of sentences were systematically remained inadmissible. Thanks to the famous jurisprudence, followed by the law of April 12, 2000 and November 24, 2009, the prison discipline procedures could enter into a virtuous process of European law integration leading to a greater respect of the rights of defense. Althought initiated by the law of June 15, 2000 and March 9, 2004, this movement was extended to the enforcement of sentences field by the regulation of its litigation. However, despite this, many conflicts remain between the law of the execution of sentences and the common law of the penal case. The study of the positive right hightlights the weak place of the rights of the defence, whose regime requieres numbers of improvements. These couldn’t be resolved without beforehand raising the issue of the judicialization of the content of the execution of sentences. Our PHD takes side to transfert the prison field to the judicial judge and the subsequent creation of new enforcement courts of the execution of sentences. Thus, will lead to a recomposition of procedures in which the rights of defence will be strengthen significantly
Nasroune-Nouar, Ourdia. "Le contrôle de l'exécution des sanctions pénales en droit algérien." Paris 1, 1988. http://www.theses.fr/1988PA010258.
Full textCéré, Jean-Paul. "Le contentieux disciplinaire dans les établissements pénitentiaires français à l'aune du droit européen." Pau, 1998. http://www.theses.fr/1998PAUU2001.
Full textThe jail disciplinary repression has never been so closed to the rules of ciminal law than nowadays. Traditionally penitentiary discipline has always been ignorant of the basis that inspires penal proceedings, that is the principle of legality: nullum crimen, nulla poena, nullum judicium sine lege -there is no incrimination, no punishment and no jurisdiction without text. Undoubtedly it deals with one of the most perceptible distinctions between disciplinary law and penal law. Now, thanks to the ambitious reform of the 2nd of april 1996, which has just been affected the prison disciplinary regime, respect of legality has appeared, on a level with the proceedings and the sanctions. The value of the opposition between jail disciplinary law and penal law has decreased. The comparison is then representative of the disciplinary contentious evolution concerning the people who are incarcerated in french prisons. The dawn of the subject to law and legality provokes new interrogations and proclaims the beginning of a metamorphosis of the whole law of the pains execution and its judiciarisation. A disciplinary sanction proportionate to the seriousness of the actions is asserted by the law itself. However the effects of a disciplinary sanction are extended to the measures of punishment individualization. Under the circumstances, the disciplinary case rules, the infractions nature and the extensiveness of the sanctions that are enforced can not do without an examination of the conformity with european law, wtth the european agreement of human rights, with the european agreement for the torture and inhuman and degrading punishments, or with the european penitentiary rules
Poletti, Adorno Alberto Manuel. "La juridictionnalisation de l'application des peines en France et au Paraguay : étude de droit comparé." Paris 1, 2007. http://www.theses.fr/2007PA010315.
Full textGeninet, Béatrice. "Etude critique de la personnalisation de la peine." Paris 1, 2000. http://www.theses.fr/2000PA010327.
Full textMichaud, Cécile. "La peine et l'intérêt général." Poitiers, 2011. http://www.theses.fr/2011POIT3013.
Full textPunishment of a violation against society is a repression in the name, and for the sake of public interest. Consequently, the two notions keep close and clear relationship : punishment shall reflect the public interest. In that sense, public interest, as a functional and a legitimizing notion of a variable content, finds on of its identifications in the analysis of punishment. The latter by its content and regime can reflect the former. In accordance with public interest, punishment shall strike a balance among interests of the delinquent, the victim and the society. Furthermore, punishment has to be in conformity with certain principles and fundamental rights stemming from public interest, such as ; the principle of legality, non retroactivity, necessity and proportionality of punishments, in addition to the conformity with human rights. Realising these objectives is theoretically possible by the summoning power of the public prosecutor and by the power of the judge to pronounce the sentence and to adapt its enforcement. Yet on that level, one may be sceptical of the presumption that punishment reflects public interest. Moreover, doubts are even more present when punishment betrays the public interest. In fact, the points of strengths that the notion of public interest presents in its relation with that of punishment turn to be points of weakness. While new actors are involved in the formulation of public interest, traditional actors witness their roles being modified or reduced, at least in certain aspects. This contributes to the false image of pubic interest that it is usually biased. Contemporary trends of criminal law and punishment contribute to the manipulation of the latter in a way that impedes it from reflecting correctly public interest. At the same time, concrete enforcement of sentences leads to grave deviations of the notion of pubic interest. These phenomena could lead the punishment to betray the public interest
Haudebourg, Jean-François. "La préparation des peines en milieu ouvert : le présentenciel en matière pénale pour majeurs." Nantes, 1995. http://www.theses.fr/1995NANT4008.
Full textThe increasing importance conceded to make ready punishments which take place out of prison has been the opportunity to reconstitute the sanction process, at the same time of looking after new work concern between partners of government policy about cities problems. The evolution of punishment system and dentencing has given rise to mistake the differents steps to pass judgment : before, during and after , decision. The consequents finalities are starters of new professional guidance for probation caseworker and judge who are able to recover the possibility of being independant before sentence and after, during punishment out of prison
Tinel, Marie. "Le contentieux de l'exécution de la peine privative de liberté." Poitiers, 2010. http://www.theses.fr/2010POIT3006.
Full textLitigation regarding the execution of custodial sentences which, in France, is divided between the two orders of jurisdiction only came to existence about 20 years ago. Before that and despite a few exceptions, the most important of which was seeking state liability in damages, remedies at law against a prison administration decision or an aménagement de la peine (adjustment of the sentence) decision remained inadmissible. Thus, this litigation was long limited to determining which judge had jurisdiction. .
Otani, Safaa. "L'exécution des peines privatives de liberté en milieu fermé : étude comparée des droits français, syrien et libanais." Poitiers, 2002. http://www.theses.fr/2002POIT3014.
Full textPlénet, Evelise. "L'exécution des peines prononcées par les juridictions pénales internationales : étude sur la coopération entre les États et les tribunaux pénaux internationaux, et la Cour pénale internationale." Grenoble 2, 2009. http://www.theses.fr/2009GRE21038.
Full textThe enforcement of sentences pronounced by international criminal jurisdictions remains a neglected field of study. It is however a major concern of international criminal jurisdictions. The ICTY and ICTR have started elaborating a legal regime for the execution of sentences. This regime is mixed. The enforcement of sentences is carried out by States willing to accept convicts in application of their national law. Nevertheless, this execution remains under control of the authorities of the ICT. The ICC has been inspired by the said regime and keeps the mixed characteristic of it. Therefore, in order to have the sentences they pronounce enforced, the ICC and the ICT depend on the goodwill of the States. Since then, if States do not cooperate, those juridictions are incapable of having the sentences enforced. The practice of the ICT is revelatory of the degree of cooperation from the States. The observation is disappointing : too often do States resort to limits to the exercise of their sovereignty in order to justify their refusal to assist the ICT. The Court has not yet pronounced any sentence, but it might face the same resistance from the States. The end of mandate of the ICT, with the question of the control of the convicts' sentences, and the first pronouncements of sentences by the ICC, with the risk of insufficient cooperation from the States, reveal the difficulties linked to the absence of a mechanism of sentences' execution particular to the international jurisdictions. In this prospect, the creation of an international prison shall be considered
Le, Moine Cathy. "Le pouvoir du juge de détermination et de gestion de la peine en droit pénal français : étude de la peine dans sa dimension juridictionnelle." Rennes 1, 2012. http://www.theses.fr/2012REN1G031.
Full textFerri, Tony. "Le système de la peine : du châtiment à l'hypersurveillance." Paris 8, 2012. http://www.theses.fr/2012PA083530.
Full textThe electronic surveillance tends to become today the new “queen of the punishments”, at least, in the history of the penalties, this control device of the delinquent populations which can compete with the prison for punishment. If the electronic surveillance mainly appears as a modality of execution of a prison sentence and under the shape of sentencing reductions or an alternative at the confinement, it does not stop evolving, being subjected to adjustments, being the object of specialists appreciation concerning its efficiency at the same time in terms of control of the public spending further to the treatment of the penalty and in terms of prevention of the second offense required by a society which tries to protect itself always more against the plague of the crime, increasing its technology to punish by the equipment of bodies and the increase of its “influence on the spirits”. In spite of this notable craze today around the penal bracelet, it is a question here of discussing the presuppositions and the implications of the electronic surveillance; and, instead of having to give in to the craze, and although the electronic surveillance obeys rules of structure and modalities of execution opposite to those of the prison, although the model on which it bases appears as paradoxical at that of the prison world, it is also a question of showing it nervertheless renews the old forms of the confinement, increases its power of subjection by its invasive power, and produces the dangerous effects of the panoptic
Razavifard, Behzad. "La pénalité dans le droit des juridictions pénales internationales." Poitiers, 2009. http://www.theses.fr/2009POIT3010.
Full textFocusing on the question of punishment, this research studies the law of international criminal jurisdictions as representing a major development of contemporary international law. Materials on this subject have been increasingly abundant, especially in the wake of the statutes and the judgments of military Tribunals of Nuremberg and Tokyo that constituted not only a jurisprudential basis but also a customary foundation for international punishment. Through the evolution of the matter, a body of data as well as directing principles could be figured out to serve as a base for determining international penalties. By analyzing the work of the two ad hoc international criminal Tribunals, the hybrid criminal courts and the early work of the international criminal court, we can already describe a practice of sentencing and executing penalties
Akaoui, Robert. "L'éxécution provisoire devant la cour d'appel : les pouvoirs du prmeier président : historique et droit contemporain." Paris 1, 1989. http://www.theses.fr/1989PA010280.
Full textHourtal, Jean-Armand. "La Volonté incarcérée : Contribution à une compréhension éducative des manifestations de l'acte volontaire dans la justice pénale." Lyon 2, 1998. http://www.theses.fr/1998LYO20013.
Full textThe topic of this thesis is the will. This will is studied in its triple context of law, of crime and of education. These three phenomena are considered as being the plural expressions of a willpower in actuality. The main objective of the research aims at an understanding of the acted willpower expressions, applied to the proving ground of education in the prison environment. This understanding of "willpower" concept justifies, in the first place, the meticulous construction of a voluntary act model ; this model is subdivided throughout the work. The author has a long experience in penitentiary educational functions. He is the responsible of a socio-educational department, in charge of the integration and the probation of people gripped by the law. He shows that an expression of willpower often hides another one, the willpower being a protean reality. The researcher defines the educational difficulties in prison, in the perspective of a fundamental paradox opposing the various wills involved. He brings up the necessity to take the guilty's will into account, for the purposes of education and integration, while the law names this same will as the cause of crime. This thesis firmly fits into the discipline of education sciences, it feeds on lights from philosophy, from psychology and from law, it lights up as well with the facts of history, of sociology and of criminology
Mikail, Tamim. "Les privations de liberté individuelle sont-elles en voie de disparition ? : étude comparée entre les droits français, britiannique et syrien." Grenoble, 2010. http://www.theses.fr/2010GREND003.
Full textIn the three systems of criminal procedure French, British and Syrian, we can usually find an insufficiency of guarantees to ensure the protection of individual liberty against the abusive use of deprivation of liberty before judgement. Thus, in France and Great Britain, several laws have been adopted in recent years show a legislative will aggravate the deprivation of liberty. These laws, in a growing sense of severity, extended duration of certain deprivations of liberty, restricted certain guarantees, advantages, exemptions which the person deprived of his liberty could benefit. That, consequently, generates an imbalance between two requirements : safety and individual freedom. Public safety remains always a priority. The deprivation of liberty is always preferable to other means suitable for carry out the same objective. This reality is observed as much at the time of the procedure prior to the establishment of the culpability as after the establishment of that culpability
Chovgan, Vadym. "Les limitations des droits des détenus : nature juridique et justification." Thesis, Reims, 2018. http://www.theses.fr/2018REIMD001/document.
Full textThis thesis focuses on the limits of the State’s power in restricting prisoners’ rights. In order to explore this issue, the author identifies the specificities of these limitations which can influence the justification of their use. Due to these specificities, it is easier to justify the limitations of prisoners’ rights than to those of free citizens. It is on this basis that the thesis suggests to improve legal barriers against the unjustified limitations of prisoners' rights.The author develops an original theory pertaining to the legal nature of limitations applied to prisoners' rights. Furthermore, he describes the standards developed by the UN and the Council of Europe (the European Court and the Committee for the Prevention of Torture) which apply to these limitations, as well as the relevant national standards defined by legislations and/or jurisprudence. A critical analysis of these standards is conducted with the purpose of understanding their flaws and preventing them in the future.The popular view according to which detainees retain all their rights, with the sole exception of those that are incompatible with imprisonment is rejected as not providing sufficient legal protection. This thesis presents alternative ideas for improving restrictive prison law clauses. Particular attention is paid to the construction of procedural safeguards against the abuse of unjustified limitations, including strengthening the role of judicial review and the principle of proportionality. In a security context, it is more complicated to apply this principle legitimately as it might require not only legal and logical arguments, but also empirical data
Hur, Nelly-Marine. "La dignité dans l'exécution des peines privatives de libertés." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30035.
Full textThe analysis of the convict's dignity while serving their custodial sentences implies to study the conditions in which they serve their penalties when incarcerated in a prison establishment on the one hand, then the conditions in which they carry out their sentences when out of prison on the other hand. However, if the convict's dignity is respected or negated, it depends in both cases on how the adaptation and proportionality of the infringement of their primary human features are assessed according to a legitimate public interest.As a result, if more human detention conditions allow to ensure that the convict's dignity is gradually respected, the fact that they are encouraged to bear more responsibility and are again considered human beings enables them to promote their dignity by stimulating their human potential powers of improvement. The post-detention stage (when the custodial sentence is served out of prison) seems to evince an opposite trend. As a matter of fact, if the creation and implementation of measures of sentence reduction seemed to guarantee the respect and the promotion of the convict's dignity, the introduction of a “code of conviction” of state surveillance over the convict in the post-detention stage entails a negation of the convict's dignity as their autonomy has been infringed in a way totally inadapted to the aim of preventing second-offence crime
Amoi, Kouame Jean-Jacques. "La juridictionnalisation de l’exécution de la peine : analyse comparative en droit français et en droit ivoirien." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080150/document.
Full textJuridictionnalisation term in connection with the measures taken by the judge of the application of the sorrows. “For my part” indicates it, on February 10th, 2000 at the National Assembly,“I rather prefer speech of juridictionnalisation than of judicialization, because it is a judge who takes the measurements of application in its thesis will officialize the expression “juridictionnalisation” to qualify the nature of note which the judge of application of the sorrows took. This neologism of doctrinal origin will be taken again by Mrs. Elisabeth Guigou Ministry of justice who declared herself favorable to the use of the jurid term juridictionnalisation term in connection with the measures taken by the judge of the application of the sorrows. “For my part” indicates it, on February 10th, 2000 at the National Assembly, “I rather prefer speech of juridictionnalisation than of judicialization, because it is a judge who takes the measurements of application. However one can observe that the juridictionnalisation term is used by Mrs. Appointed Christine Lazerges rapporteur of the government bill of the National Assembly, whereas the term of judicialization is used by Mr. Jolibois, senator, rapporteur of the government bill in front of the senate. Rapporteur. As for the juridictionnalisation, the legal vocabulary provides us a definition according to which, it is “about a process consisting in allotting to acts which would normally not comprise it the qualification of legal measure in order to extend the mode of thislast. ” - Our study us will result in analyzing in a first part devoted to the retrocession of the execution of the sorrows of the executive to the judicial power operated by the law of March 9th, 2004 (First Part ). The juridictionnalisation of the execution of the sorrow did not save the dispute which can occur on the occasion. indeed the penitentiary discipline is dissociated by its specificity. Distinct at the same time by its procedure rules and the sanctions ; it envisages, the penitentiary disciplinary right is different basically from the disciplinary right in general. Its led atypical character The disciplinary dispute should not be dissociated of contentieux of execution of the sorrow. ; one and ; other are closely dependent exercise of disciplinary action must reconcile the respect of the principle of proportionality of the sanctions. Because, their effects are prolonged on the ground of. The juridictionnalisation of the execution of the sorrow came to moderate this situation thus opening to the prisoner the possibility of disputing the decisions of Jap through jurisdictional recourse in order to check the legality and the proportionality of the disciplinary actions in order to protect from of advantage rights of the prisoner (Second Part)
Mollard, Christel. "Le traitement médico-psychologique des détenus." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30006.
Full textPrison sentences constitute the first response to the requirements of delinquency repression in France. Since many prisoners, as they enter the penitentiary system, happen to be homeless, with no social security cover, physically and/or mentally ill, drug, alcohol or medicine addicts, the penal system finds itself confronted to a paradox between the needs of the detainees regarding health care on the one hand and crime repression on the other. This contradiction often has for a result that the prisoners’ medico-psychological problems find no solution in jail and remain as they get out. This situation may become prejudicial as much for the individuals than for the penal and judiciary systems. In front of the conflict between health care, punition and rehabilitation, this Ph. D. adopts a double perspective, both prospective and empirical: it aims at hanging together the recent legal reforms and the medico-psychological treatment practices that are currently at stake in a specific detention center
Ahmed, Hassan Abdel Kriem. "La suspension conditionnelle de l'exécution de la peine : étude théorique, critique et comparative en droit européen et égyptien." Paris 2, 2002. http://www.theses.fr/2002PA020004.
Full textJeanpierre, Virginie. "Punir hors les murs : Sanctionner autrement l'auteur d'un délit passible de cinq ans d'emprisonnement." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3050/document.
Full textThe penalty of the criminal breaches constitutes the Gordian knot of a widely disapproved contemporary penal policy. Privileged, the custodial sentence shows multiple failures striking a blow at its credibility. The lower prison sentences or five-year-old equals executed mainly in detention center are the most problematic because numerous. They are badly adapted for the contemporary crime. If alternatives, already older and others more recent, exist, they are only little pronounced even though their social utility regarding rehabilitation and regarding fight against the repeat offense does not any more appear to prove. The punishment outside the walls of the criminal breach is a recurring political and legislative theme. Nevertheless, it does not succeed in anchoring really in the French judicial landscape; its implanting being slowed down in particular by the defect of membership of the magistrates partially conditioned by procedural mechanisms suppliers of custodial sentence. The hour of the change of paradigm nevertheless rang since the prison sentence does not allow to act on the causes of the unlawful act and the acting out. It’s also necessary time to relieve a pale prison situation not allowing anymore the Prison Service to assure suitably its missions of guard and rehabilitation. Albert Camus wrote that a society judges itself in the state of its prisons, the French society cannot persist in spreading such an embodiment of its penal policy. So, through sophisticated procedural mechanisms, the influence of positive examples of the comparative law, thanks to the use of the intrinsic resources of the prison departments of insertion and probation, to the new writing of fundamental articles of the Penal code and to the deployment of adequate means, the punishment outside the walls of the offences punished for five years of detention becomes accessible and tangible
Messeri, Anne. "Terminologie juridique pénale et pénitentiaire biblingue français-italien assistée par ordinateur." Nice, 2001. http://www.theses.fr/2001NICE2006.
Full textKazanchi, Caroline. "La médicalisation de la sanction pénale." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1023.
Full textPathologising the criminal is nothing new, no more than is the latent trend to consider the offender as a patient. Yet criminal sanction appears to have gradually exceeded this symbolic association, progressively distilling the principle of a medical response to the unlawful act into the core of its operation. In doing so it gradually falls within a broader movement, that described by sociologists from the middle of the twentieth century: the medicalisation process.The study of the medicalisation of criminal punishments demonstrates an unprecedented mutation based on taking a class yet to be defined, that of care as a criminal punishment. It tends to measure different mutations carried by a series of laws marked by the acceleration and expansion of a process long associated with addictive problems. Has care become a substitute for punishment, or even a punishment in itself ? These are now the new problems that are stirring things up. In what is emerging as a redefinition of the architecture of punishment, for those responsible just like those who are criminally irresponsible, the penal system no longer recognises guilt without punishment, nor punishment without treatment. The tangibility of the process of medicalisation of criminal punishment was born of the progressive and intentional movement away from the traditional foundations of criminal punishment while, in a reverse movement, tightening its purposes, hence their theoretical reception right through to its implementation, around a therapeutic target
Ahmed, Cheikh Sidiya Mohamed. "Le statut pénal du mineur mauritanien en droit comparé." Perpignan, 2013. http://www.theses.fr/2013PERP1148.
Full textThe phenomenon of juvenile delinquency and offences against children is not new. It was known in the pre-colonial Mauritania when, at that time, it was sometimes taken over through customary practices sometimes drawn in the principles of the Islamic Sharia. It is clear, however, that at the advent of the modem state,, this problem has not yet , for reasons related to the concerns of the foundation, received the interest it deserves. It took until the half of the nineties to see the creation of some specialized bodies (specialized judge, chamber for minors) even though that creation is meant more to help respecting the interests of the international commitments of Mauritania's in the field, and that it still has not yet been materialized by the adoption of criminal statutes specified to minors. However, it should be noted in this regard the adoption of Ordinance No. 2005-015 on the criminal protection of the child. It is quite timely because it helps fill the existing gap by drawing, while remaining faithful to the spirit of Islamic law, from the legislation of the sub region and French law
Grivet, Simon. "Tuer sans remords : une histoire de la peine de mort en Californie de la fin du XIXe siècle à nos jours." Phd thesis, Paris, EHESS, 2011. http://www.theses.fr/2011EHES0044.
Full textThis dissertation studies the death penalty in California from the trial to the execution. It begins at the end of the 19th century, when hangings were moved behind the walls of state penitentiaries, and goes to the current period. This study is primarily based on the analysis of the San Quentin Execution Files and the applications for pardon made to the Governor. The theoretical framework is largely inspired by M. Foucault's views on the "power to punish" and also by perspectives opened by N. Elias' "process of civilization". The key problem this study sets to solve is the growing separation between the imposition of the death penalty and its infliction. The answer is threefold. First, capital trials in California became more complicated as the State adopted the "bifurcated trial" as early as 1954. Appeals to the California Supreme Court and later to the federal courts offered new hopes for the condemned. At the same time, pardon by the Governor became rarer. Secondly, the incarceration of the condemned completely changed. Beginning in the 1940s, a network of surveillance by guards, doctors and psychiatrists surrounded the condemned. As the time before an execution went from months to years in the 1980s, death-penalty inmates received civil rights aImost comparable to other prisoners. FinaIly, the method of execution also displayed some very distinctive evolutions. California picked the gas chamber in 1938 as a modem and painless way to execute its condemned. However in 1992 a federal judge declared it unconstitutional. The surrogate method, lethal injection, also ran into troubles in 2006. It does not solve the question of pain and dignity
Grivet, Simon. "Tuer sans remords : une histoire de la peine de mort en Californie de la fin du XIXe siècle à nos jours." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00628649.
Full textMoussa, Ahmed. "Les droits de l'homme détenu : Etude comparative des droits français et égyptien." Paris 2, 2002. http://www.theses.fr/2002PA020007.
Full textDelaire, Émilie. "Le droit à la santé des détenus." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0047/document.
Full textThe right to health, as an inalienable right, constitutes one of the fundamental rights of all human beings, whatever their race, religion, political opinions, or even their economic and social circumstances. Whether they are in detention or “outside”, society must do its best to protect sick people. As holders of a subjective right but also as public service users, the prisoners must be able to exercise this right and must know how to demand it be respected. By putting the Ministry of health in charge of the health care of prisoners, the 1994 reform raised much hope. Nevertheless, the implementation of the rights of prisoners remains just as complicated as ever. As it brings both balance and instability to prison life, doesn’t the right to health, by nature or by definition, require a free space? How can one envision the recognition and the exercising of this right within the context of a closed-off institution, where freedom is not the rule but the exception? The specificities of exercising one’s right to health while incarcerated are a perfect illustration of this problem. The health care of prisoners necessitates taking into account security, safety and disciplinary requirements. Requirements which can impede human rights concerns and which necessitate a tireless effort to find the best way to reconcile health goals and the many constraints of the prison institution. The effectiveness of prisoners’ right to health, as well as the efficacy of the care they receive, depend on the conditions of their detention and on the scheme being applied to them, thus calling for careful examination of the notions addressed by law, and for an effort to improve practices
Gontard, Paul-Roger. "L'utilisation européenne des prisons ouvertes : l'exemple de la France." Thesis, Avignon, 2013. http://www.theses.fr/2013AVIG2037/document.
Full textOpen prisons constitute a unique model prison, which has its origin in prison experiments of the first half of the nineteenth century. Their characteristics and strengths were identified in 1955 by the young United-nations, when was also encouraged their use. Despite this support, open prisons are not found everywhere the same penological space, as the French low rate of utilization illustrated well. In addition, the ultra-minority of French open prisons and their criteria of employment figure as an exception, in comparison with the other European countries witch use this model.However, the reform of the enforcement sentences system recently intervened in the hexagon could lead to a reconsideration of their use. So this research proposes to locate these facilities in new inflections that affect the European and French penology, while considering the role that could be led to find different versions of the open institution model
Gontard, Paul-roger. "L'utilisation européenne des prisons ouvertes : l'exemple de la France." Phd thesis, Université d'Avignon, 2013. http://tel.archives-ouvertes.fr/tel-01059457.
Full textCarpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Electronic Thesis or Diss., Bordeaux, 2016. http://www.theses.fr/2016BORD0125.
Full textSentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Greff, Carole-Anne. "L'individu dangereux en droit pénal." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30046/document.
Full textThe dangerous individual’s determination is a complex work which implies to exceed the polysemy to which the word sends back and to get rid of the negative image to which the author of serious infringement is connected, to concentrate on the means allowing to prevent the renewal of infringement. At this end, the evaluative assessment such as today practiced, is technical and incomplete, making still the access of its contents to the laymen complex. Fear risks it of renewal of a grave infringement, in a security context, makes outdo a precautionary principle which tends to deny the individual's fundamental rights. and to favor the measures of security’s pronouncement.Furthermore, the dangerous individual 's penal treatment writes himself in an European and international context to whom France joined and who promotes the objective of reintegration of any individual including considered how dangerous, doesn’t seem to reach its objectives in practice. The dangerous individual 's penal treatment does not rest on the utopia to reinsert all of the authors of serious infringements but to search for remedies fitted to trap with them idiosyncrasies accompanying them towards the research of the sense of the punishment over give a new to their life orientation
Carpentier, Yan. "Essai d'une théorie générale des aménagements de peine." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0125/document.
Full textSentence adjustment spearheads a new criminal policy of fight against recidivism based on integration orrehabilitation of convicted people. The number of measures qualified as sentence adjustment increased throughoutthe XXe century. However, as scattered reforms kept accumulating, no overall study regarding sentence adjustmenthas taken place. As a result, even though France is surely the European country that uses them the most, the conceptof sentence adjustment has never been constructed. France indeed seems to be the most fertile country regardingsentence adjustment, creating many different mechanisms. Since the technical sense of the notion of sentenceadjustment remains blurry, a general theory of sentence adjustment is necessary.A general theory seems to be the surest way to try to find a coherence among those various measures. Butthere cannot be a general theory if it is not possible to identify abstractly what is a sentence adjustment. Nowadaysthe normative disorder blurred the lines between enforcement of a sentence, sentence adjustment and preventivedetention. Therefore, a general theory would help build the concept of sentence adjustment itself. Besides, theconstruction of a concept would make it easier to assess the one technique behind all those mechanisms. By doingso, the general theory of sentence adjustment would restore some clarity to the law and give all of its consistencyto a system tending to give a sense of responsibility to the convicted
Hild, Barbara. "La liberté d’expression des personnes incarcérées." Thesis, Lille, 2018. http://www.theses.fr/2018LIL2D008.
Full textIt is a well-known saying, the sentence depriving of liberty is, in theory, only the deprivation of the freedom of movement. France has established, on November 24th, 2009, a prison law regulating the incarcerated persons rights and duties. Article 26 of said law indicates : “incarcerated persons have the right to freedom of opinion, conscience and religion”. This right implies the right to search information, build an opinion and carry it out, therefore to be able to speak freely. Yet, the physical imprisonment of an individual inevitably triggers restrictions to the use of his broader freedom of speech. If there is no doubt thatincarcerated persons have subjective rights, in what conditions can they be asserted? The inmate’s rights are compelled by the limits inherent in detention, security and order, which lead the prison administration to censor speech and writing of the individuals placed in custody. In addition to these general restrictions, be added all the constraints related to prison overcrowding but also the weight of the current security context. It leads to the strengthening of criminal policies which can weaken the prisoners’s freedom of expression
Picard, Nicolas. "L'application de la peine de mort en France (1906-1981)." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01H056/document.
Full textDeath penalty was about to disappear in France at the end of the 19th century. But the number of death sentences rose after 1906. The judiciary relied on the punitive emotions of the public opinion and on the criminological knowledge to eliminate some of the defendants. The capital punishment was very minor in the whole penal repression and its enforcement punished a small number of murders, considered as particularly heinous. The people sentenced to death came from the most miserable and less integrated parts of the society. Judicial discourses, such as speeches for the prosecution or the defense, or testimonies, confronted each other to determine if these people should benefit of mitigating circumstances. The functions of the death penalty were then discussed: deterrence, retribution, revenge or purge of the social body? Emotional as well as rational arguments were used. The cases were exposed at two different levels: a first time in front of the criminal court and of the citizen seating in the jury, a second time in front of the presidential advisors and of the President of the Republic, who had to decide of the pardon or the execution. The people sentenced to death had to wait their fate in particularly harsh conditions, which aimed at avoiding suicide or escape. Very strong rules framed their time and their space but some of them succeeded to adjust their environment for their own purposes. The preparation to death could be religious or secular. It the need arose, police, army, penitentiary staff, as well as the executioner and his helps were summoned to perform the execution, an act combining bureaucratic aspects and rough violence. In the other case the prisoner was held back to the ordinary prison system, where he could still risk another form of penal death