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Journal articles on the topic 'French criminal law'
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1
Jovasevic, Dragan. "Murder in French criminal law." Zbornik radova Pravnog fakulteta, Nis, no. 71 (2015): 97–109. http://dx.doi.org/10.5937/zrpfni1571097j.
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Décarpes, Pascal. "Book Review: French Criminal Law." International Criminal Justice Review 13, no. 1 (May 2003): 226–27. http://dx.doi.org/10.1177/105756770301300138.
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Klepitskiy, I. A. "Causation in French criminal law." Actual Problems of Russian Law 18, no. 3 (January 8, 2023): 174–85. http://dx.doi.org/10.17803/1994-1471.2023.148.3.174-185.
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Chevallier-Govers, Constance. "The Europeanisation of French Criminal Law." European Criminal Law Review 7, no. 1 (2017): 67–88. http://dx.doi.org/10.5771/2193-5505-2017-1-67.
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Haddadi, A., and F. Ravaz. "Euthanasia under French law." Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (October 13, 2021): 145–52. http://dx.doi.org/10.17803/2311-5998.2021.83.7.145-152.
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Under criminal law, euthanasia can have two distinct qualifications: that of homicide in the event that the act of directly killing another person is characterized, or that of assisting a third party in the suicide. These two qualifications are applicable on the condition that the agent — the author of the act of causing death — is not the one who went through it. In fact, selfeuthanasia is nothing more than suicide.In addition to euthanasia imposed to a third party (such as in the case of Malevre, nurse from Mantes-la-Jolie, tried in 2003), the euthanasia requested and subscribed constitutes a complex legal question. Answering this question first involves specifying the position of contemporary criminal law in the face of suicide.In the event that suicide is only decriminalized, in fact, the author of the act — regardless of the outcome of his actions, who is himself the victim, cannot be prosecuted. Nor ultimately receive any condemnation.However, this lack of prosecution and conviction is by no means an endorsement of the act — suicide — by the law.Moreover, in the event that suicide is a right, it would then be necessary to agree that any candidate for this act can request assistance in the accomplishment of his death. Given these two opposing approaches, imposed on us the question of whether there is a right to die.Although the euthanasia imposed is unequivocally under ordinary criminal law, the euthanasia requested and granted is not based on any rights. To date, there is no right to approve a death request, but on the other hand, it does allow it to be respected and to some extent promotes its approach with dignity. This work will focus on two central points which are the possibility that euthanasia is a homicide under common law (I) and the attitude of French law concerning the right to death (II).
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Jovasevic, Dragan. "The suspended sentence in French Criminal Law." Zbornik radova Pravnog fakulteta, Nis 55, no. 73 (2016): 45–65. http://dx.doi.org/10.5937/zrpfni1673045j.
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Decœur, Henri. "The Criminalisation of Armed Jihad under French Law: Guilt by Association in the Age of Enemy Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 4 (November 23, 2017): 299–326. http://dx.doi.org/10.1163/15718174-02504001.
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This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.
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Weill, Sharon. "French foreign fighters: The engagement of administrative and criminal justice in France." International Review of the Red Cross 100, no. 907-909 (April 2018): 211–36. http://dx.doi.org/10.1017/s1816383119000377.
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AbstractSince 2012, it is estimated that 2,000 French nationals have joined jihadist armed groups listed by the UN as terrorist organizations in Syria and in Iraq. Consequently, a new prosecution policy has been introduced in France. To date, more than 200 persons have been prosecuted and 1,600 persons have been placed under criminal investigation. In parallel, after the 13 November 2015 terror attacks in Paris, a State of emergency was declared. Persisting for two years, it introduced derogative administrative measures that slowly transgressed into regular criminal law. Consequently, French administrative and criminal courts, with ordinary judges and professional routines, find themselves involved in matters related to armed conflicts – a completely new phenomenon for them. What role has been performed by French criminal and administrative judges in the global fight against terrorism?This article takes a close look at France's fight against terrorism and the engagement of its domestic legal system in the context of foreign fighters and suspects of terrorism. It outlines the radicalization processes of French administrative and criminal law along with their hybridization and complementarity. While the armed conflict in Syria and Iraq and the complex geopolitical context are clearly present in French courtrooms, international humanitarian law and international criminal law frameworks are almost entirely absent. At the same time, by granting a growing power to the administration, the repressive and pre-emptive approaches introduced within criminal and administrative law transform liberal conceptions of law and justice.
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Abzalova, Khurshida Mirziyatovna. "Subject Of A Crime Under French Criminal Legislation." American Journal of Political Science Law and Criminology 03, no. 01 (January 26, 2021): 63–68. http://dx.doi.org/10.37547/tajpslc/volume03issue01-10.
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This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.
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Golduzian, Iraj, Hamid Reza Mirzajani, and Samaneh Eghtedari. "Semi-Liberty System Investigation in Iranian and French Law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 225, no. 1 (September 1, 2018): 115–36. http://dx.doi.org/10.36473/ujhss.v225i1.131.
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The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.
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Fedorov, Aleksandr V., and Mikhail V. Krichevtsev. "The History of the Development of the French Laws on Criminal Liability of Legal Entities." Russian investigator 1 (February 1, 2018): 46–56. http://dx.doi.org/10.18572/1812-3783-2018-1-46-56.
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The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.
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Podroykina, Inna A. "The system of punishments in modern French criminal law." Yugra State University Bulletin 18, no. 1 (May 10, 2022): 197–204. http://dx.doi.org/10.18822/byusu202201197-204.
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The purpose of the study is to analyze the criminal legislation of France from the point of view of possible borrowing of experience to improve the domestic system of criminal penalties.
The work is based on the method of system analysis, and along with it also formal-legal, comparative-legal and concrete sociological methods.
Results: The article expresses the position that the process of building a system of criminal penalties in Russia cannot be considered complete, since from the entire list of penalties enshrined in Art. 44 of the Criminal Code of the Russian Federation, and numbering 13 types of punishments, only some of them turned out to be in demand in practice, such as a fine, compulsory and corrective labor, deprivation of the right to hold certain positions or engage in certain activities, and imprisonment. According to the author, the construction of an effective system of punishments in Russia is impossible without referring to foreign experience, in connection with which he analyzes the French criminal law in terms of determining the system of punishments.
Conclusions: Based on the analysis, the article concludes that a number of positive aspects related to the regulation of the system of punishments under the French Criminal Code can be taken into account by the Russian legislator in the further improvement of the domestic system of criminal penalties.
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Голенко, Диана Викторовна. "STRUCTURING A SPECIAL PART CRIMINAL LAW (ON THE EXAMPLE OF THE FRANCE CRIMINAL CODE)." Вестник Тверского государственного университета. Серия: Право, no. 4(68) (December 29, 2021): 46–52. http://dx.doi.org/10.26456/vtpravo/2021.4.046.
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Проанализировано построение Особенной части действующего Уголовного кодекса Франции. Рассмотрены структурные компоненты в их взаимосвязи. Осуществлено сравнение структурных единиц французского уголовного кодекса и действующего российского уголовного закона. Французский уголовный кодекс включает компоненты, непривычные для российского юриста (например, книги, отделы, подотделы, параграфы). Их число значительно превышает число структурных единиц в российском уголовном законе. Автор разбирает особенности и строение каждой структурной единицы. Обращено внимание, что Особенная часть во французском уголовном кодексе не выделена в качестве самостоятельного структурного компонента, но по содержанию к ней могут быть отнесены книги, начиная со II. Каждая из книг имеет свою структуру, внутреннюю нумерацию. При этом ни одна из книг, которые можно отнести к Особенной части, не содержит всего перечня структурных компонентов. Несмотря на кажущееся сходство в последовательности расположения статей о преступлениях (открывают Особенную часть французского уголовного закона также преступления против личности), содержание их отличается. The structure of the Special Part of the current French Criminal Code has been analyzed. Structural components in their interconnection have been considered. The structural units of the French Criminal Code and the current Russian Criminal Law are compared. The French Criminal Code includes components that are unusual for a Russian lawyer (for example, books, departments, subsections, paragraphs Their number significantly exceeds the number of structural units in the Russian criminal law. The author examines the features and structure of each structural unit. It is drawn attention that the Special part in the French Criminal Code is not singled out as an independent structural component, but according to the content, books can be attributed to it. , starting with II. Each of the books has its own structure, internal numbering. Moreover, none of the books that can be attributed to the Special Part contains the entire list of structural components. crimes (they open a special part of the French criminal law also crimes against the person), their content is different.
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Tkachenko, О. H., and М. V. Kravchuk. "RETROSPECTIVE ANALYSIS OF DISTINGUISHING VIOLATIONS FROM CRIMES AND OFFENSES ACCORDING TO THE CRIMINAL LEGISLATION OF FRANCE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 1 (September 15, 2023): 136–47. http://dx.doi.org/10.32755/sjcriminal.2023.01.136.
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The article provides the analysis of one of the first criminal laws that almost for two centuries had an essential impact on European criminal law. It was the first law that differentiated between crimes, offences, and violations. Such differentiation has survived till these days. Besides, the Article draws an analogy between the types of contraventions under the Criminal Code of France 1810 and the administrative offenses provided for by the Code of Ukraine on the Administrative Offenses. The Article provides an insight into the modern development of French Administrative and Torts Law and into the determination of the police courts authorities. It was found that although the “French” sub-system of law provides for the differentiation between the Administrative and Torts Law and criminal law, such differentiation is just theoretical. On the one hand, the punishment exists in the form of a fine and the types of contraventions are not regulated by the criminal code which makes its criminal character quite doubtful. On the other hand, however, the procedure of the administration of punishment through the imposition of sentence, deprivation of social rights, and seizure of property, as well as the complete regulation of the mentioned issues by the criminal, criminal and procedural laws testify to inseparability of the administrative offenses from the sphere of the criminal law. The article considers the possibility of the regulation of the Administrative and Torts Law of Ukraine so that the types of non-criminal offenses in analogy with the French law are regulated by the industry-specific law without the creation of the codified act in contrast to the outdated Code of Ukraine on the Administrative Offenses. Key words: Criminal Code of France, administrative offenses, police court, Code of Ukraine on the Administrative Offenses.
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Cabon, Sarah-Marie, and Marion Lacaze. "European Issues Concerning French Criminal Law on Foreigners." European Criminal Law Review 2, no. 2 (August 20, 2012): 182–200. http://dx.doi.org/10.5235/219174412802604207.
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Kirsch, Andrew. "Criminal liability for Corporate Bodies in French Law." European Business Law Review 9, Issue 1/2 (January 1, 1998): 38–42. http://dx.doi.org/10.54648/eulr1998006.
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Bourret, R., F. Vialla, É. Martinez, D. Cazaledes, and C. Giquel. "Abuse in institution: Developments in French criminal law." La Revue de Médecine Légale 6, no. 1 (March 2015): 24–28. http://dx.doi.org/10.1016/j.medleg.2015.01.001.
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PONSEILLE, Anne. "Minimul special al pedepsei în Dreptul francez: între întuneric și lumină." Analele Universitării din București Drept 2019 (March 26, 2020): 1–14. http://dx.doi.org/10.31178/aubd.2019.01.
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The minimum sentences, that is to say the sentences for which the legislator imposes the pronouncement of a minimum quantum, have in French criminal law a chaotic history which reflects a measured confidence of the legislator in the judge for the sentencing. While they disappeared with the reform of the Penal Code in 1994, it seems that the minimum sentences are gradually returning in French criminal law.
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Lup, Camelia Alexandra. "CRIMINAL PUNISHMENT OF JUVENILE OFFENDERS." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 204–9. http://dx.doi.org/10.15837/aijjs.v17i2.6486.
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Both prevention and combating the domain of juvenile delinquency are considered special problems, because among the conditions of criminal responsibility is also the age of the perpetrator. Taking into account that minors can make more mistakes, but also the fact that they can be re-educated more easily, the legislator established a special program for sanctioning minor criminals. The punishments applied to minors who are criminally responsible were completely abandoned, they being replaced by a regime made up exclusively of educational measures, the process of their elaboration being generally inspired by Spanish, French and German law. There was a need for a special regulation of the criminal liability of minors because they do not have a complete psychophysical development, they do not have enough social experience, they have a personality that is extremely easy to influence, these being sometimes also due to the deficiencies recorded on the educational level.
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Danglades, Daniel, and Emmanuelle Laudic-Baron. "Navigating criminal justice cooperation: A French perspective on EU framework decisions." European Journal of Probation 16, no. 1 (April 2024): 93–104. http://dx.doi.org/10.1177/20662203241247668.
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This article provides a nuanced exploration of the implications of EU criminal justice cooperation, particularly within French probation and judicial services. Focusing on EU Framework Decisions 2008/947/JAI and 2009/829/JAI, the article delves into their impact and adaptation in France, offering insights into challenges, adaptations, and practical considerations from the French standpoint. The article contextualises the implications of EU Framework Decisions by integrating valuable insights from the French probation and judicial services. Statistical data and case analyses illustrate practical challenges and applications within the French criminal justice landscape. The article highlights specific challenges faced within the French criminal justice system, such as prison overcrowding and the treatment of foreign nationals. It emphasises enhanced communication, trust, and collaboration among stakeholders within the European criminal justice system. Addressing the adaptation of EU Framework Decisions in France, the article navigates the complexities involved in aligning European law with national legislation and the delicate balance required to maintain sovereignty while embracing cooperative legal frameworks. The nuanced cultural perspectives permeating the French criminal justice landscape are examined to comprehensively understand the unique challenges and adaptations within the French context. The article also discusses the paradox between establishing European probation standards and the challenges in building trust among probation officers and stakeholders across European nations, offering potential strategies for improvement in European criminal justice cooperation. In conclusion, this article provides valuable insights into the complexities and challenges within European criminal law, offering directives for enhanced collaboration and effectiveness within the European legal landscape. It is a pivotal analysis contributing to informed discussions and policy decision-making within European criminal justice cooperation.
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Ashworth, Andrew, and Eva Steiner. "Criminal omissions and public duties: the French experience." Legal Studies 10, no. 2 (July 1990): 153–64. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00597.x.
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Whether or not the events of 1992 will have significant effects on the criminal law, there is good reason for looking hard at those respects in which English criminal laws differ in scope from those of our European neighbours and partners. One obvious example concerns crimes of omission, especially those founded on public duties. German law has long had offences of failing to render assistance to a person in peril and similar offences are to be found in other countries such as Denmark, Finland, Italy, Russia and Spain. These laws stand in contrast to the English position, which remains essentially the same as Sir James Fitzjames Stephen described it in 1883:
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Sizova, Viktoriya. "Formation, development and current state of the system of the Special part of the criminal legislation of the Criminal code of France." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 137–45. http://dx.doi.org/10.35750/2071-8284-2021-1-137-145.
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he study of the formation of the system of special part of the French criminal law is relevant. The importance of the research is determined by foreign experience value from the point of view of formation and development of criminal law norms. The latter regulates criminal prosecution for specific criminal acts from the perspective of economic development of the country. It enables us to draw a conclusion to implement a positive French experience into Russian criminal legislation. The main idea of this work is to study the main stages of the formation and development of the system of the special part of criminal law of France comitting reviewing in detail specific groups and types of criminal acts, which is not possible in one publication and will form the basis of the author’s subsequent publications.
Problem statement. The criminal law of France today is an example of unification and harmonization of the criminal law system of European countries. Thus, for effective structuring of elements of the Special part of the Russian criminal legislation, it is necessary to study the experience of the special part of the French criminal legislation formation.
The aim of the paper is to develop a scientific understanding of the main stages of the formation and evolution of the system of the special part of criminal legislation in the context of a possible design of certain provisions of the system of Russian criminal law based on the study of the experience of legislative presentation of specific criminal law norms in the Criminal Code of France.
Research methods: dialectics, analysis, comparative legal, system-structural, formal-logical, specifically historical.
Results and key conclusions: it should be noted that at the present stage of its development the Russian criminal legislation is not a perfectly structured system. This statement has been proved by a range of researches carried out by different specialists during recent years. In this regard, it was established that to improve the effectiveness of legal and technical design of the provisions of the Special part of the national criminal legislation, it is extremely important to refer to foreign experience taking into account conflicts of foreign criminal law norms and gaps made in the systematization of certain provisions of the Special Part.
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Spencer, J. R., and Marie-Aimée Brajeux. "CRIMINAL LIABILITY FOR NEGLIGENCE—A LESSON FROM ACROSS THE CHANNEL?" International and Comparative Law Quarterly 59, no. 1 (January 2010): 1–24. http://dx.doi.org/10.1017/s0020589309990042.
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AbstractThis article first examines criminal liability for negligently causing death or injury in English law, which it shows to be both complex and confused. It then examines French law on the subject, which at first sight appears both simpler and more rational, but has run into a number of difficulties in practice. A third and final section considers whether the French experience provides any useful lessons for the possible reform of English law.
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CARR-HILL, ROY A. "Immigrants in the French System of Criminal Justice." Howard Journal of Criminal Justice 26, no. 4 (November 1987): 287–99. http://dx.doi.org/10.1111/j.1468-2311.1987.tb00593.x.
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Metaxa, Eleni, Miltiadis Sarigiannidis, and Dimitris Folinas. "Legal Issues of the French Law on Creation and Internet (Hadopi 1 and 2)." International Journal of Technoethics 3, no. 3 (July 2012): 21–36. http://dx.doi.org/10.4018/jte.2012070102.
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The French law on “Creation and Internet,” or more commonly known as the “Hadopi 1” Law, passed on June 2009, and its complementary, the “Law for the Protection under Criminal Law of Artistic and Literary Works on the Internet” (“Hadopi 2”), passed on October 2009, were intended to put an end to the illegal distribution of creative works on the Internet and at the same time control the internet access for every user. However, the implementation decree of March 2010 on the “specific negligence” aims exclusively at the peer-to-peer networks, leaving out of the criminal framework the direct download and the streaming options. After presenting and analyzing the French laws “Hadopi 1 & 2,” the authors discuss the controversial findings of a recent French research of the first months of their application in France and eventually question the achievement of the ultimate goal, which is the protection of the French intellectual property rights on the Internet.
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Diep, Doan Thi Phuong, and Hoang Thi Ngu. "Suggestions for improvement of Vietnam’s criminal law towards crimes against the minor and family." Science & Technology Development Journal - Economics - Law and Management 2, no. 1 (December 28, 2018): 12–20. http://dx.doi.org/10.32508/stdjelm.v2i1.497.
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The application of a criminal sanctions has always been considered carefully because of its heavy consequences. Criminal sanctions are applied for violations in the area of marriage and family as regulated in the criminal law of both Vietnam and France. However, the direction in constructing and applying the law are different between the two countries. As a result, it is necessary to compare the differences between the two jurisdictions to improve the Vietnam’s law. In the context of this article, on the basis of considering and analyzing the provisions of the French criminal law on crimes against the minor and family, the authors offer some suggestions to improve the criminal law of Vietnam.
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Marian, Maud. "The Concorde Accident Criminal Trial in France." Air and Space Law 36, Issue 2 (April 1, 2011): 131–38. http://dx.doi.org/10.54648/aila2011017.
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On 6 December 2010, the Criminal Court of Pontoise (France) issued a guilty verdict against Continental Airlines and its employee, John Taylor and exonerated all of the French defendants, signaling the epilogue of the Concorde long running criminal proceedings arising out of the Concorde accident in Paris on 25 July 2000. On the basis of the expert reports issued by a pilot expert who had been working as a pilot of Air France for forty years at the time he was appointed by the Investigating Magistrate, the Court has rejected the principal argument for the defence of Continental Airlines and has determined the taxiing of the Concorde over the wear strip from the Continental Airlines DC 10 to be the sole cause of the accident. Continental's mechanic, John Taylor, was found guilty and sentenced for involuntary homicide and manslaughter because he had violated the rules of manufacture and attachment of the wear strip on the Continental DC10 and the simple negligence of Taylor's supervisor Mr Ford lead to the finding of criminal responsibility of Continental Airlines. By declaring Continental's submission as to the lack of objective impartiality of the pilot expert non admissible and time-barred the French Criminal Court has raised questions as to the role of equity and fairness in the French criminal system. The Court of Appeal of Versailles will review the first instance decision since all of the parties have appealed.
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Voinarivskyi, M. "Administrative and economic sanctions under French commercial law." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 318–23. http://dx.doi.org/10.24144/2788-6018.2023.06.53.
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The publication examines the provisions on administrative and economic sanctions of the French Commercial Code and other acts of French legislation. It was concluded that the French experience of regulation of commercial relations is based on complex solutions involving a combination of private-law and public-law regulation.
It is substantiated that during the last century the commercial legislation of France was saturated with public legal provisions. The new French Commercial Code of 2000 incorporated a significant number of provisions that are public law, including administrative and criminal sanctions.
The presence of provisions in the French Commercial legislation, which by nature of administrative influence on business entities can be recognized as administrative and economic sanctions, is established in many spheres of relations. These sanctions include typical penalties imposed on economic entities for antitrust violations, violations of reporting and other rules of conducting commercial activities, as well as other numerous sanctions of an organizational nature. It is substantiated that the disciplinary responsibility of certain professions in commerce defined in the FCC can be qualified as a type of administrative and economic sanctions relevant to the Ukrainian legal sense.
Taking into account the experience of French commercial law, it was concluded that the ideas of reducing the discretion of state bodies when applying sanctions to business to eliminate the risks of corruption and abuse are not confirmed in modern European legislation. It is obvious that this follows from the quite reasonable assumption that the fight against corruption should affect the specific offender, and not destroy the effectiveness of the state's response to offenses, including in the business sphere.
Several trends in the legislative regulation of administrative and economic sanctions in France have been identified, including attempts to solve the problems of the ratio of administrative sanctions and criminal penalties on legal entities, the expansion of judges' approaches to the assessment of administrative sanctions imposed on merchants from the point of view of compliance with procedural provisions and respect for human rights.
It was concluded that the introduction of criminal liability of legal entities into national law cannot take place without an analysis of the problems caused by relevant institutions in foreign countries, in particular in France.
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Bell, John. "The Criminal Liability of Politicians in France." Cambridge Yearbook of European Legal Studies 3 (2000): 65–78. http://dx.doi.org/10.1017/s1528887000003736.
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In an unusual step the Conseil constitutionnel published a communiqué on 10 October 2000 concerning the criminal liability of the head of state. In it, the Conseil stated that “the criminal law position of the Head of State does not confer a ‘criminal immunity’, but a privilege of jurisdiction during his tenure of office”. This statement contains the nub of the difficulty in understanding how French law treats the criminal law liability of the head of state and of ministers. Does the Constitution afford them immunity for their actions performed during their tenure of office, or does it merely make provision for a different court to try the offences?
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Hodgson, Jacqueline. "Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform." International and Comparative Law Quarterly 51, no. 4 (October 2002): 781–815. http://dx.doi.org/10.1093/iclq/51.4.781.
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The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.
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Julien, Jérôme. "An Introduction to French Private Law." International Journal of Legal Information 50, no. 1-2 (2022): 43–47. http://dx.doi.org/10.1017/jli.2022.18.
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Private law is usually defined as all the rules of law which govern relationships between private individuals. Thus defined, it is opposite to public law and differentiated from ‘mixed law’ such as criminal law which has aspects of both. Of course, understanding private relationships between individuals, depend to a large extent on the country where they are observed and its history. French individualism (which of course does not exclude the general interest) which is notably embodied by the Declaration of the Rights of Man and the Citizen of 1789 is doubtless at the heart of private law—I was going to say private law legislation—and is illustrated by the central place which is reserved for the law of private property. Private law therefore governs all relationships between individuals in all aspects of their lives: their private lives, their business relations, their working relationships, and so on.
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Bell, John. "The Criminal Liability of Politicians in France." Cambridge Yearbook of European Legal Studies 3 (2000): 65–78. http://dx.doi.org/10.5235/152888712802859150.
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In an unusual step the Conseil constitutionnel published a communiqué on 10 October 2000 concerning the criminal liability of the head of state. In it, the Conseil stated that “the criminal law position of the Head of State does not confer a ‘criminal immunity’, but a privilege of jurisdiction during his tenure of office”. This statement contains the nub of the difficulty in understanding how French law treats the criminal law liability of the head of state and of ministers. Does the Constitution afford them immunity for their actions performed during their tenure of office, or does it merely make provision for a different court to try the offences?
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Peters, Rudolph. "Islamic and Secular Criminal Law in Nineteenth Century Egypt: The Role and Function of the Qadi." Islamic Law and Society 4, no. 1 (1997): 70–90. http://dx.doi.org/10.1163/1568519972599879.
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AbstractUntil the introduction of French law in 1883, Egyptian criminal law during the nineteenth century had been governed by both statute law and Islamic law. The criminal codes were enforced by administrative and judicial bodies called majālis or councils; Islamic law was applied by the qadi. In this article, I define the qadi's competence in criminal matters and analyze his role and function as revealed in the texts of the criminal codes and nineteenth-century court records preserved in Egyptian archives. I conclude that the judicial councils dealt with criminal offenses from the point of view of public order and security and that the main task of the qadi was the adjudication of private claims connected with crime. Such claims were either punitive (e.g., retribution for manslaughter, punishment for violation of a person's honor), or financial (bloodmoney, revindication of stolen property).
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Hamilton, Claire, and Giulia Berlusconi. "Contagion, counterterrorism and criminology: The Case of France." Criminology & Criminal Justice 18, no. 5 (January 3, 2018): 568–84. http://dx.doi.org/10.1177/1748895817751829.
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In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system.
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Islomov, Bunyod. "MITIGATING FACTORS AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF THE FRENCH REPUBLIC (COMPARATIVE ANALYSIS)." Jurisprudence 2, no. 1 (March 15, 2022): 134–48. http://dx.doi.org/10.51788/tsul.jurisprudence.2.1./wiij9820.
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The article provides a comparative analysis of the criminal legislation of the French Republic in terms of consideration of the mitigating factors and criminal defenses. This research work provides an overall exploration of the mitigation of sentence institute in accordance with the present edition of the French Penal code, adopted on July 22, 1992 and entered into force from March 1, 1994 and the Criminal Code of the Republic of Uzbekistan, adopted on September 22 and entered into force from April 1, 1995, including the issues on determining the punishment for the criminal offences committed in mental disorder as well as insanity and diminished responsibility, for not completed offences and the criminal complicity and moreover the institutes of pardon, exemption from liability and punishment, splitting the punishment some of issues regarding to legal person’s liability as per of French criminal legislation. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of splitting the punishment to the criminal law of the Republic of Uzbekistan have been provided.
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Krichevtsev, Mikhail Vladimirovich. "Life sentence as a type of criminal punishment in France of the late XVIII – early XIX centuries." Genesis: исторические исследования, no. 12 (December 2020): 96–108. http://dx.doi.org/10.25136/2409-868x.2020.12.34714.
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This article questions the opinion established in modern French historiography on implementation of life sentence as a criminal punishment under the rule of Napoleon Bonaparte (in accordance with the Criminal Code of 1810). Leaning on examination of legislative, policy drafting, and court materials, the author traces the evolution of the system of criminal penalties associated with incarceration. and determines the role of life sentence therein – since the adoption of first criminal laws in the era Great Revolution until the revision Napoleonic Criminal Code in 1832, and the court of Peers under Louis-Philippe I. The acquires materials demonstrate that after long absence of the Consulate and Early Empire in the time of Revolution, life sentence was envisaged by the Criminal Code of 1810 as an alternative measure to penal servitude for life or deportation (for criminals of senior age), rather than an separate type of criminal punishment. Reference to the practice of the court of Peers during the Restoration and the July Monarchy suggests that life sentence became a separate type of criminal punishment only with the advent of verdict passed by Peers with regards to 1830 case of former ministers. This sentence was based on the combination of legislative and court functions in actions of the Chamber of Peers as higher justice authority, and thus was of constitutive nature. The conclusion is made that the implementation of life sentence in French criminal law should be attributed to the time of the July Monarchy rather than the ruling of Napoleon Bonaparte.
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Oxman, Bernard H., and Brigitte Stern. "Universal jurisdiction over crimes against humanity under French law—grave breaches of the Geneva Conventions of 1949—genocide—torture—human rights violations in Bosnia and Rwanda." American Journal of International Law 93, no. 2 (April 1999): 525–29. http://dx.doi.org/10.2307/2998008.
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In rejavor. In re Munyeshyaka.French Cour de cassation, Criminal Chamber, March 26, 1996.In Re Munyeshyaka. 1998 Bull, crim., No. 2, at 3.French Cour de cassation, Criminal Chamber, January 6, 1998.In the Javor case, certain Bosnian victims of the policy of “ethnic cleansing” that took place in Bosnia and Herzegovina, who were refugees in France, tried to rely on the universal jurisdiction of the French courts in order to file a criminal complaint (plainte avec constitution departie civile) with an investigating magistrate (juge d'instruction) against their Serb torturers.
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Iftimiei, Andra. "ROLE OF THE INTERPRETATION RESERVE IN THE CONSTITUTIONALIZATION OF ROMANIAN AND FRENCH CRIMINAL LAW." Agora International Journal of Juridical Sciences 8, no. 4 (November 23, 2014): 81–87. http://dx.doi.org/10.15837/aijjs.v8i4.1604.
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The interpretation reserve is the only instrument through which the criminal judge becomes an actor in the constitutionalization process of the criminal law, because although he does not rejoice from the competence of rendering decisions the on constitutionality or unconstitutionality of law, the interpretation under reserve directly refers to it, by the compulsoriness of observing the sense granted by the constitutional court.
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Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
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The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
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Kudratov, Nekruz. "Rebellion (riot) as a crime against the state in Islamic Criminal Law: history and modern." Gosudarstvo i pravo, no. 5 (2023): 158. http://dx.doi.org/10.31857/s102694520014331-5.
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The article examines the history of rebellion as a crime against the state in Islamic criminal law. The purpose of the article is to study, comprehend the genesis, doctrinal issues related to the definition of the concept and signs of rebellion as a crime against the state. Using the method of historicism, analysis and synthesis, the concept of rebellion as a rebellion of the Muslim community against the head of state with the use of force to overthrow him is given, the goal and motive of the rebellion (overthrow of the head of state and). The reasons for combining Islamic Criminal Law with European-type criminal legislation, the impact of French and English law on crimes against the state in modern criminal laws of Muslim states (Iraq, Afghanistan, UAE, etc.) Conclusion: rebellion (rebellion) as a crime against the state based on the purpose and motive of the crime differs in historical and modern Islamic Criminal Law. In the criminal laws of Muslim countries, rebellion (uprising) from the objective point of view, depending on the interests of states, differ.
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Cahn, Olivier. "Brexit and the Future of European Criminal Law – A French Perspective." Criminal Law Forum 28, no. 2 (May 4, 2017): 301–9. http://dx.doi.org/10.1007/s10609-017-9309-8.
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Hulkevych, V. D. "THE CRIMINAL RESPONSIBILITY FOR CULTURAL HERITAGE CRIMES ACCORDING TO FRENCH LAW." Juridical scientific and electronic journal, no. 2 (2023): 420–26. http://dx.doi.org/10.32782/2524-0374/2023-2/99.
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SIM, Seungbeom. "The Punishment of Juvenile Drugs in French Criminal Law and Implications." Justice 202 (June 30, 2024): 124–49. http://dx.doi.org/10.29305/tj.2024.6.202.124.
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Kazarian, MéLinée. "Who Should We Blame for Healthcare Failings? Lessons from the French Tainted Blood Scandal." Medical Law Review 27, no. 3 (2019): 390–405. http://dx.doi.org/10.1093/medlaw/fwz004.
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Abstract Many well-known cases of ‘medical manslaughter’ have shown that systemic issues play a significant role in contributing to fatal errors in healthcare institutions. The most prominent NHS scandal, Mid Staffordshire, demonstrated that wrongful prioritization of resources and staff shortages had contributed to the deaths of between 400 and 1200 patients due to appalling care by nursing staff and doctors between 2005 and 2009. Following the scandal, the Trust was prosecuted and convicted of a criminal offence under the Health and Safety at Work Act 1974 in 2014 and 2015. In contrast, in a scandal of comparable scale across the Channel, ‘the HIV-contaminated blood scandal’, individual decision-makers were subject to criminal convictions. Learning from features of the French criminal process, and the aftermath of the 1980s French tainted blood scandal, this article argues that the criminal process can only be a useful response to healthcare systemic failings if higher-level decision-makers are also included in the scope of criminal liability when they have recklessly endangered patients. When no individual reckless fault is found on the part of decision-makers, corporate criminal liability is a suitable alternative to individual criminal liability, if it is focused on ensuring safety and offering justice to patients who have been harmed as a result of healthcare systemic failings.
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Fernando, Youngky. "Acts Against Civil Law Versus Acts Against Criminal Law Versus Rechtsvinding HogeRaad / Supreme Judge." International Journal of Law Review and State Administration 2, no. 2 (April 20, 2024): 62–72. http://dx.doi.org/10.58818/ijlrsa.v2i2.49.
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An unlawful act in Dutch is called "onrechmatige daad" and in English, it is called "tort" which means "wrong". The word "tort" developed to mean civil "wrong" that does not result from "default". So it is similar to the meaning of "act against the law" which is called "onrechmatigedaad" in the Dutch legal system. The word "tort" comes from the Latin word "torquere" or "tortus" in French, just as the word "wrong" comes from the French word "wrung" which means "mistake or loss" (injury). The principle and aim of establishing a legal system for "unlawful acts" are to be able to achieve what is said in the Latin proverb, namely Juris praecepta sunt luxe, honestevivere, alterum nonlaedere, suum cuique tribuere (the motto of the law is to live honestly, not harming people). others, and give others their rights). Onrechtmatigedaad (acts against the law) Article 1365 of the Civil Code or Burgerlijk Wetboek-Netherland Article 1401: "Elke onrecthamatigedaad, waardoor aan een ander schade wordt toegebragt, stelt dengene door wiens shuld die schade veroorzaakt is in de verpligting om dezelve te vergoeden ”. Soebekti and Tjitrosudibio translate it: "Every act against the law, which causes loss to another person, requires the person whose fault it was to cause the loss, to compensate for the loss." Later, after January 31, 1919, one element was added to "Unlawful Acts", namely, the prohibition of violating other people's rights and contradicting morality and propriety in living in society, nation, state vs human rights.
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Field, Stewart. "State, Citizen, and Character in French Criminal Process." Journal of Law and Society 33, no. 4 (December 2006): 522–46. http://dx.doi.org/10.1111/j.1467-6478.2006.00369.x.
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Baaz, Mikael, and Mona Lilja. "Using International Criminal Law to Resist Transitional Justice." Conflict and Society 2, no. 1 (June 1, 2016): 142–59. http://dx.doi.org/10.3167/arcs.2016.020113.
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An increasing body of literature focuses on negotiations of transitional justice, but not much has been written so far regarding contestations over its practices and the refusal of states and individuals to participate. Given the remaining legalistic dominance, this is particularly true regarding the field of international criminal law. Very little, if any, work in international criminal law engages with the topic of “resistance.” Departing from this gap in research, focusing on Cambodia and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the objective of this article is to introduce, discuss, and analyze the “strategy of rupture”—as developed by the late French lawyer Jacques Vergès—and the ways in which this legal defense has been applied in practice at the ECCC in order to resist not only the Tribunal per se, but also the entire Cambodian transitional justice process and, by extension, the post–Cold War global liberal project.
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Al Waleed, Saher, and Iyad Mohammad Jadalhaq. "Liability for Withholding Assistance: General Clause or Closed List? A Review of Competing Models in Arab Legislations." Jurídicas 18, no. 2 (July 1, 2021): 61–87. http://dx.doi.org/10.17151/jurid.2021.18.2.5.
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This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability.
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Al Waleed, Saher, and Iyad Mohammad Jadalhaq. "Liability for Withholding Assistance: General Clause or Closed List? A Review of Competing Models in Arab Legislations." Jurídicas 18, no. 2 (July 1, 2021): 61–87. http://dx.doi.org/10.17151/jurid.2021.18.2.5.
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This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability.
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Kimble, Sara L. "Of “Masculine Tyranny” and the “Women's Jury”: The Gender Politics of Jury Service in Third Republic France." Law and History Review 37, no. 4 (September 24, 2019): 867–902. http://dx.doi.org/10.1017/s0738248019000324.
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In belle époque France, criminal juries were criticized as too tolerant of crime and too lenient to effectively punish criminals. While the French institution of the jury was under attack by magistrates and other elites, mixed sex juries provided an alternative model. Jury reformers advocated the introduction of mixed-sex criminal juries in France in order to render better verdicts and reduce crime, especially in the areas of infanticide and abortion. The French National Assembly debates over proposed legislation, however, stalled over political concerns with women's truncated citizenship rights. Historical analysis of the types of arguments deployed in this jury reform debate (including archival documents, parliamentary records, and press sources) reveals that reform proponents argued that gender difference-especially in terms of morality and psychology-justified women's admission to juries, particularly in cases of infanticide and abortion. The operation of an unofficial “women's jury” (jury féminin) between 1905 and 1910 in Paris demonstrated women's judicial decision-making capacity. Analysis of this citizens' jury documents the development of a feminist critique of the legal treatment of domestic violence, reproductive freedom, and marriage law publicized in the early twentieth century. This research contribution posits grounds for the re-periodization of feminist legal history as viewed through this case study of women's claims to jury service in Third Republic France.