Dissertations / Theses on the topic 'Imputabilité'
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Lapérou, Béatrice. "Responsabilité civile et imputabilité." Nancy 2, 1999. http://www.theses.fr/1999NAN20001.
Full textImputability, a factor that constitutes civil liability beside damage offence and causality assumes a nature which is both subjective and objective. This causal connection that enables to know the person responsible from the generating fact of the damage reveals man's place in the civil liability mechanism. The analysis of the evolution of civil liability in the eyes of imputability reveals the close connection between these two concepts and the problem raised by their gradual parting. Imputability used to hold a place of outstanding importance in the way in which the responsible person was designated. Nowadays three logics coexist: when we look at imputability from a moral and material point of view, it enables compensation as well as repression and prevention. It is split up in the cases of parties, body corporates, professionals liabilities and in the cases of general liability due to things and people. The suppression of its moral feature has enabled to involve the unequal persons ‘liability and has led to an extension of the notion of custody which is the foundation of the indirect liabilities. Then, only the theory of risk can explain such solutions. Imputability has been entirely suppressed by the creation of cases of rightful liabilities and by the renunciation of the non-imputability causes such as the case of absolute necessity (the infected blood case). In these assumptions, it is impossible to keep the true meaning of the word 'liability' and only the theory of guarantee can justify the irrefragable nature of the liability presumptions. This evolution is due to the development of the systems of collectivization of risks (assurances, guarantee fund, national health)
Vandentorren, Stéphanie. "Imputabilité de l'origine professionnelle des cancers." Bordeaux 2, 2005. http://www.theses.fr/2005BOR21231.
Full textDespite their importance, occupational cancers are little notified in France. Whatever the method ussed to explore an occupational cause, the approach is that of an imputation. The aim of this work is to discuss the limits of available methods of recognition of occupational cancers, and to consider the research needed to improve a new method based on Bayes theorem. These existing systems are processes that do not allow statistical quantification and that lack reproductibility. Decision-making algorithms could guide the user towards a standardized decision and could be adapted to the build-up of new tables. The imputation process would be better represented by statistical methods based on the use of Bayes theorem. We adapted this method to occupational cancers and tested its application to lung cancer and mesothelioma. Imputation was then formulated using Bayes theorem, relating epidemiological information regarding causes and the patient's exposure history which relevance was defined using a formal consensus between experts. Data needed to apply a Bayesian method was defined in terms of relative risks, proportion of people exposed in populations, and frequency of positive relevant characteristics in individuals without cancer. Experts defined relevant characteristics as being : qualification of occupational exposure, intensity of exposure, latency, disease characteristics, and presence of causal agent in the body. This method was applied in two illustrations but still needs external validation. The main limit of its application is the lack of data, which underscores the need for available and reliable data sources on occupational exposures. A possible obstacle to the use of probabilistic models might be the difficulty for law courts in accepting uncertainty. If this method is accepted, it could be applied other cancers and occupational or environmental diseases
Azraoui, Monir. "Vérifiabilité et imputabilité dans le Cloud." Thesis, Paris, ENST, 2016. http://www.theses.fr/2016ENST0032/document.
Full textThis thesis proposes more efficient cryptographic protocols that enable cloud users to verify (i) the correct storage of outsourced data and (ii) the correct execution of outsourced computation. We first describe a cryptographic protocol that generates proofs of retrievability, which enable data owners to verify that the cloud correctly stores their data. We then detail three cryptographic schemes for verifiable computation by focusing on three operations frequent in data processing routines, namely polynomial evaluation, matrix multiplication and conjunctive keyword search. The security of our solutions is analyzed in the provable security framework and we also demonstrate their efficiency thanks to prototypes. We also introduce A-PPL, an accountability policy language that allows the expression of accountability obligations into machine-readable format. We expect our contributions to foster cloud adoption by organizations still wary of using this promising paradigm
Azraoui, Monir. "Vérifiabilité et imputabilité dans le Cloud." Electronic Thesis or Diss., Paris, ENST, 2016. http://www.theses.fr/2016ENST0032.
Full textThis thesis proposes more efficient cryptographic protocols that enable cloud users to verify (i) the correct storage of outsourced data and (ii) the correct execution of outsourced computation. We first describe a cryptographic protocol that generates proofs of retrievability, which enable data owners to verify that the cloud correctly stores their data. We then detail three cryptographic schemes for verifiable computation by focusing on three operations frequent in data processing routines, namely polynomial evaluation, matrix multiplication and conjunctive keyword search. The security of our solutions is analyzed in the provable security framework and we also demonstrate their efficiency thanks to prototypes. We also introduce A-PPL, an accountability policy language that allows the expression of accountability obligations into machine-readable format. We expect our contributions to foster cloud adoption by organizations still wary of using this promising paradigm
Reinaldet, Dos Santos Tracy Joseph. "La responsabilité pénale à l'épreuve des personnes morales : étude comparée franco-brésilienne." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10025/document.
Full textThe criminal liability of the companies exists in French criminal law and in Brazilian criminal law. In these legal systems, it has raised a number of dogmatic problems. These dogmatic problems could be summarized in the following question: how could we adapt the theory of infraction and the theory of criminal responsibility to the peculiarities of the companies? This question is the central point of this work which seeks to analyze the movement of harmonization between criminal law and companies. In this analysis, our study was divided into two parts. In the first part, we will analyze the adaptation movement that was carried out by criminal law, in the sense of adapting some concepts to the intangible nature of the company. In the second part, we will examine the creation movement that was conducted by criminal law, in order to create new legal concepts, which were designed especially for the companies
Reinaldet, Dos Santos Tracy Joseph. "La responsabilité pénale à l'épreuve des personnes morales : étude comparée franco-brésilienne." Electronic Thesis or Diss., Toulouse 1, 2017. http://www.theses.fr/2017TOU10025.
Full textThe criminal liability of the companies exists in French criminal law and in Brazilian criminal law. In these legal systems, it has raised a number of dogmatic problems. These dogmatic problems could be summarized in the following question: how could we adapt the theory of infraction and the theory of criminal responsibility to the peculiarities of the companies? This question is the central point of this work which seeks to analyze the movement of harmonization between criminal law and companies. In this analysis, our study was divided into two parts. In the first part, we will analyze the adaptation movement that was carried out by criminal law, in the sense of adapting some concepts to the intangible nature of the company. In the second part, we will examine the creation movement that was conducted by criminal law, in order to create new legal concepts, which were designed especially for the companies
Jeziorski, Éric. "Imputabilité des rétrovirus dans les pathologies présumées post infectieuses de l'enfant." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON1T029/document.
Full textThe infectious mammalian retrovirus constituting seven species: Alpharetroviruses, betaretroviruses, gammaretroviruses, deltaretrovirus, epsilonretroviruses, lentiviruses and, spumaviruses. Human T-cell Leukemia virus (HTLV), a deltaretrovirus, and Human Immunodeficiency Virus (HIV), a lentivirus, infect human. Sporadic cases of spumavirus (virus Foamy) infection have been described in persons living in promiscuity with infected animals. Recent Studies have shown the presence of an hypothetic gammaretrovirus, xenotropic murine leukemia related virus (XMRV), its existence is actually discussed.There are some facts pointing to the existence of human retrovirus not yet known. -New HTLV species have been recently described and a number of sero-indeterminate patients are compatible with the presence of new HTLV species.-Many idiopathic human diseases have clinical presentation close to retroviral mammalian diseases: chronic inflammatory articular diseases, central nervous system inflammatory diseases, cytopenia, myeloproliferative syndromes and malignant pathologies. For example a retroviral aetiology have been discussed in Kawasaki syndrome and autoimmune haemolytic anemia even though a complete proof haven't been found. The super human predatory status makes the interspecies transmission possible. All the research in new human retrovirus done in the past was based in common sequencies of retroviruses like polymerase gene or the transmenbranair part of glycoprotein envelope gene (Env). Thus most of these researches have been compromise by HERV sequences or retroviral contaminants.We research retroviruses in these diseases. We also have been interested by putative (retr)viral itransmission by breast milk.Methodology1)PDR: We design primer based on the most variable region of retroviruses, the RBD (Receptor-Binding Domain), which is the domain of Env that links the cellular receptor responsible of the cellular entry. For this we used a patented method developed in our laboratory based on PCR whose primers are composed of short conservative sequences delimiting variable areas of RBD.This approach has already allowed discovering new PTLV (HTLV/STLV) variants known. As a result, we have designed PCR primers for RBD for all the known deltaretrovirus, Bovine Leukaemia Virus, (BLV) and also for the detection of gammaretrovirus feline leukaemia virus (FeLV), XMRV and Porcine Endogenous Retrovirus (PERV).2)We measure the reverse transcriptase activity to detect Type C retrovirus in body fluid.Results:We analysed in terms of patients 35 Immunologic thrombopenic purpura, 3 hemolytic anemia, 6 aregenerative anemia, 5 neutropenia, 1 aplastic anemia, 3 thrombocytosis, 59 Idiopathic juvenile arthritis, 1 dermatomyositis, 9 Henoch-Scholein diseases, 4 Kawasaki syndrome, 5 neurological diseases, 13 atypic fevers, 3 leukosis and 5 others diseases. We do not found any virus by both methodologies.We do not find viruses by PCR and reverse transcrptase activity measurment however this fact does not exclude viral etiology, further analysis could be done
Bazin, Barret Véronique. "A propos d' un cas de pneumopathie à l'amiodarone : étude de son imputabilité." Clermont-Ferrand 1, 1987. http://www.theses.fr/1987CLF11021.
Full textBRUNORI, Arianna. "Imputabilitas : imputabilità e volontarietà nella Commedia di Dante e nel pensiero medievale." Doctoral thesis, Scuola Normale Superiore, 2022. https://hdl.handle.net/11384/125804.
Full textGomez, Elisabeth. "L'imputabilité en droit pénal." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD008/document.
Full textAfter a chaotic intrusion in the theory of penal liability, imputability can today appear as a classical notion. The general doctrinal consensus is that it depends on a subjective definition, implying the offender’s discernment and free will. Moreover, the notion of imputability is unanimously considered as the basis of penal liability. However, cohabitation between the various conditions of penal liability, particularly between the concepts of guilt and imputability, may not be as steady as it seems. Indeed, the independence of these notions has actually never been clearly demonstrated, for their respective components represent the subjective conditions creating penal liability. Nevertheless, this topic is far from being anecdotal, specifically among several fundamental institutions of criminal Law, in which the notions of infraction and complicity are involved. Thus, the definition of imputability may deserve some adjustments, and imply, consequently, a reworking of the release condition coming under imputability. This study also aims at proving that imputability is an irrelevant element to the concretely committed offence. This specific part in penal liability, highlighting the link between imputability and the penalty imposed in response to the committed offence, enables a wider vision of the concept that could help facing the upheaval resulting from the entry of criminal Law in the post-modernity era. The latter, that one could associate with the beginning of the century’s penal neopositivism, also implied the resurgence of the concepts of risk and dangerousness. The impact of this evolution about imputability may seem radical : end of the unitary aspect of the notion, emergence of the concept of imputation towards legal entities, and even total erasure of imputability towards natural persons. And yet, some solutions to the reconstitution of the exigence of imputability will be developed, not only in a substantial approach, where imputability will be understood as penal capacity, but also in a procedural approach – thanks to suggestions of procedures taking the offender’s psyche into account. In the end, imputability seems to play a major part in the organization of a balanced cohabitation with the concept of dangerousness, by condemning a strictly hypothetical consideration of dangerousness, without excluding a potential reservation after the penalty
Proulx, Marianne. "Gouvernance et imputabilité : la protection des valeurs publiques à l'ère de la privatisation des services d'eau." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19645.
Full textBallot, Squirawski Claire. "Les éléments constitutifs : essai sur les composantes de l'infraction." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS168.
Full textConstituent elements are omnipresent in criminal law. Nevertheless, there is no consensus about them. They vary through the authors in their number and content. The hesitations surrounding them betray deep uncertainties about their nature, object or function. There is, however, a real stake in the determination of the elements. As a primarily didactic instrument, they are also a tool for the principle of legality. Defined by the legislator, they must be verified by the judge so that the conviction is legal. Besides the fact that the elements determine the characterization of infringements, they can also guide their qualification. In order to do this, however, it is necessary to identify a pattern of analysis that, indicative of the infringement, applies to all infringements. Such a scheme can be cleared once the tool has been specified. By returning to its emergence, clues to the nature and exact function of the elements can be found. Initially, they made it possible to specify the content of the offending behaviour, by making a certain conception of the offence effective. It is from this idea that we must start: it illuminates what they are and which they are. The offence corresponds to principles which give it a certain physiognomy. In this respect, it possesses essential components which result from the fact that the legislator is not completely free in the choice of the conduct complained of. Identified and further developed to determine its exact content, the elements can be an effective tool with both practical and theoretical interests. They make it possible to circumscribe the offence, to understand the specificities and, consequently, to identify it, where the current criteria prove insufficient. It is a renewed approach to the tool that can be proposed, which leads to the identification of elements that, once specified, are the measure of the offence
Prades, Olivier. "La volonté du salarié dans la rupture du contrat de travail." Toulouse 1, 2013. http://www.theses.fr/2013TOU10010.
Full textIn labor law, the role of the employee’s will in the employment relationship is very limited and subject to little attention. The generally accepted idea is that an employee, subordinate to employer, cannot have his own will, or is only able to express it in confined areas. Consequently, to claim that an employee may have the will to terminate prematurely this employment contract seems absurd or pure intellectual speculation. It is still true that for the last few decades, under the influence of the civil law which is on the rise in the field of labor law, employees have been voicing more and more their intention to terminate prematurely their employment contracts. For an employee this may be a way to no longer remain passive in the face of his employer’s power, or an attempt to sanction his employer for its breaches of contract. This change of attitude was motivated by the introduction, of the distinction between the party that takes the initiative of terminating prematurely the employment contract, and the one that bears the liability; between initiating and being held accountable for the act. This has led employees to demonstrate the will to terminate prematurely their employment contracts using civil law techniques. There only remains for the legislator to consecrate the methods for premature termination invented or at least rediscovered by employees by introducing them into the French Labor Code. The introduction into the substantive law of a method of premature termination that requires the agreement of the two parties, suggests that finally the theoretical equality between the will of the two parties is part of labor law
Pichon, Virginie. "La suprématie du licenciement sur les autres modes de ruptures du contrat de travail : recherche sur l'opération de qualification." Chambéry, 2007. http://www.theses.fr/2007CHAML032.
Full textAubé-Vaillant, Marilène. "La coopération policière aux frontières canado-américaines: les enjeux démocratiques." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34286.
Full textCombes, Stephane. "Le traitement des accidents et des maladies des agents publics au sein du service public de l'Education nationale." Thesis, Limoges, 2014. http://www.theses.fr/2014LIMO0022.
Full textThe Department of Education, by the number and the variety of the statutes of itsstaffs, constitutes a laboratory of study interesting on the conditions of employment of thecivil servants, notably when they are victims of accidents or diseases on the occasion of theirprofessional activity. Rules stemming from the Labour Law and from the law of the publicservice and the crossed intervention of multiple actors make complex this type of dispute.New occupational hazards (suffering in the work, professional cancers) add, which are inphase of legal and social recognition.The prevention of the occupational hazards became a preoccupation of authorities, aswell as the health in the work in the public service. The study of this risks could pull a betterrecognition of the professional accidents and the diseases, which suffers at present from acomplex administrative process worsening the principle of legal security. Finally, the repair ofthe occupational hazards always leads to disparities according to the facts of the origin of theaccident or of the disease, the status of the agent or the gravity of the damage. The overtakingof the rule of the fixed price of pension terminates certain injustices but house of the limitedreach.The link with the general regime could make the civil servants of the assumptionbenefit of imputability. The implementation of a Fund of compensation benefiting to all thecivil servants and having for vocation the repair of all the professional risks could allow thevictim of this risk to obtain a complement to compensation, allowing a complete repair of thedamage
Volpatti, Giulia. "Imputabilità e neuroscienze: problematiche e prospettive." Doctoral thesis, Università degli studi di Trieste, 2013. http://hdl.handle.net/10077/8634.
Full textL’imputabilità rappresenta uno degli istituti più importanti, ma anche più controversi del nostro diritto penale. Identificata come la capacità di intendere e di volere, essa non trova nel codice penale una definizione in positivo, ma viene descritta attraverso le c.d. cause di esclusione dell’imputabilità, di cui agli artt. 88 e seguenti del codice (vizio di mente totale e parziale, ubriachezza ed intossicazione da stupefacenti, sordomutismo e minore età). Uno degli aspetti più problematici dell’imputabilità è la sua collocazione nella sistematica del reato; la dottrina, infatti, non è unanime nel considerarla quale presupposto della colpevolezza in quanto vivide sono ancora le correnti di pensiero che, coerentemente con la scelta codicistica operata dal legislatore, identificano l’imputabilità con una condizione del soggetto, uno status dell’uomo. Ciononostante, accantonate le divergenze di opinione su questo primo snodo (ritenute, peraltro, da alcuni superate a seguito della presa di posizione della Corte di Cassazione), di difficile soluzione risultano anche i rapporti tra l’imputabilità ed il vizio di mente, che ne rappresenta la principale causa di esclusione. In particolare, il concetto di vizio di mente ha subìto nel corso dei decenni numerose interpretazioni: il suo legame diretto con la scienza psichiatrica ne ha inevitabilmente influenzato l’evoluzione. Ed analogamente, anche la crisi della scienza ha svolto un ruolo fondamentale nel dibattito relativo a cosa debba intendersi con il concetto di infermità mentale. Abbandonata la convinzione che la scienza sia connotata da infallibilità e paragonabile a verità assoluta, viene così a mancare quel sicuro punto di riferimento a cui era solito rivolgersi il giudice al fine di trovare ausilio in tema di vizio di mente. Oggigiorno, pertanto, le incertezze scientifiche si riverberano nel processo penale quando l’interrogativo è capire se un soggetto era capace di intendere e di volere al momento in cui ha commesso una fattispecie di reato. Tanto la crisi si è fatta sentire, tanto da trasformarsi in vera e propria crisi dell’imputabilità, al punto da far sollevare voci in merito alla possibilità di eliminarne dal nostro codice il concetto stesso. Proposte inaccettabili considerata in primis la valenza costituzionale dell’imputabilità (come presupposto della colpevolezza) ed, in secundiis, il contrasto con i principi di tassatività e determinatezza. In questo quadro, alcuni neuroscienziati propongono, quale strumento per sopperire alle lacune ed ai limiti delle metodologie tradizionali in tema di perizia psichiatrica, l’utilizzo delle recenti tecniche di neuroimaging. Trattasi di un gruppo di discipline scientifiche che studia il funzionamento del cervello e del sistema nervoso; vengono analizzati la comprensione del pensiero umano, le emozioni ed i comportamenti biologicamente correlati, attraverso cui si manifesta o non manifesta il pensiero stesso, mediante l’utilizzo di strumenti altamente scientifici, atti ad esaminare molecole, cellule, reti nervose. Queste nuove metodologie hanno permesso ai neurologi di giungere a scoperte che, da alcuni punti di vista non possono non dirsi davvero interessanti (e per certi versi anche sensazionali): si pensi alla correlazione tra comportamento aggressivo e geni o alla possibilità di prevedere le scelte che il paziente farà grazie all’osservazione del funzionamento dei suoi neuroni. Non con altrettanto entusiasmo, però, i giuristi hanno accolto le neuroscienze come nuove alleate nella risoluzione delle difficoltà interpretative legate al concetto di vizio di mente e, quindi, di imputabilità. Tutt’altro. Si può affermare che l’opinione dominante serba un atteggiamento diffidente ed alle volte anche di totale rigetto di queste nuove tecnologie. La motivazione risiede nella paura che le nuove scoperte, se amplificate e portate agli estremi, possano cancellare il principio del libero arbitrio dell’uomo, possano portare all’assurdo di considerare gli uomini come tutti inimputabili perché dominati dal cervello ed incapaci, quindi, di autodeterminarsi nel mondo esterno. Come sempre, il punto di vista più corretto per valutare gli effetti e le conseguenze di una novità è quello che non si arrocca agli estremi, bensì prende le medesime distanze dagli stessi. Così come nei confronti delle neuroscienze: nessuna rivoluzione copernicana, l’uomo resta sempre l’essere libero e capace di muoversi tra motivi antagonistici operando delle scelte consapevoli, senza essere dominato dal suo sistema nervoso. Le tecniche di neuroimaging, però, e questo non lo si può e non lo si deve negare, apportano un grande ausilio nella redazione della perizia psichiatrica. La complessità e particolarità dei nuovi test introdotti permette di avere una visione più completa e più attendibile sulle condizioni mentali dell’individuo. Se accostate ai metodi tradizionali, il giudice dalle stesse potrà fruire, in fine, di una perizia più attendibile e completa, giovandosene così in sede di decisione e successiva motivazione.
XXIV Ciclo
1982
Notez, Maël. "Désordre moral et justice pénale : contribution à l'étude des théories de la qualification et de la responsabilité applicables à l'aliéné, en France, au XIXe siècle." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020054.
Full textLet us consider that criminal law, regardless of the competent court, must not fail to attract curiosity of the publicist and, of course, of the gentleman. This research, in a cross-border approach, is organized around the criminal responsibility of the insane at a historic moment, the XIX century, where the study of the mental health (diseases), in the process of specialisation, is developing on a humanist background. It is an important period because we can get from it the first theoritical contributions regarding the qualification of mental illness – « state of dementia » in the word of the old criminal code. Qualification, that is to say definition. Therefore, a simple interrogation determine this study : what is the proper critérium of the mental illness ? The verb « to be » must be understood, at the same time, in a descriptive (factual) and prescriptive (normative) approach. In other words, restoring the criteriums suggested by the alienists and jurists, but also find the one (or those) which should be withheld. Knowing that mental illness constitue a cause of non-accountability and that accountability (imputability) gives a definition or an anthropology of the « normal » man, we need to take seriously the foundations of penalty : the qualification of mental illnes depends on the anthropological basis (and the same is true about the alienist science). It still depends of the « qualification scheme » or « scheme of responsability » : is that an absence of responsability due to a cause of non-accountability with or without partial responsability (two blocs theory) ? A diminished responsability (three blocs theory) ? Or a scheme where there is no irresponsability at all (result of a positivist anthropology) ? Finally, it also depends of the theory of penalty. These three varaibles are interconnected in a complex ways which need to be enlightened. Above all, we want to show to what extent the abandonment of a voluntarist conception, embedded in a dualist scheme of responsibility, three blocs theory with a disctinction between diminishment and abolition of the mental capacity, could bring for qualification effort
Giguère, Sylvain. "L'État-gouvernance. Essai sur l'orientation et la mise en oeuvre de la politique publique dans des conditions d'interdépendance." Phd thesis, Université Panthéon-Sorbonne - Paris I, 2007. http://tel.archives-ouvertes.fr/tel-00165118.
Full textAmener les acteurs poursuivant des objectifs de développement économique et social divers à saisir les nouvelles opportunités offertes dans cette perspective pose cependant un problème de gouvernance.
Afin d'y trouver une solution on dérive du problème de la croissance économique un concept de gouvernance lequel se traduit par la coordination des politiques, l'adaptation des politiques aux conditions locales et la participation du milieu des affaires et de la société civile à l'orientation des politiques. Différents outils organisationnels sont analysés au regard de leur potentiel pour améliorer la gouvernance. L'instrument qui s'avère le plus porteur, le partenariat, est évalué en utilisant des données du terrain. L'analyse identifie des faiblesses importantes qui permettent en retour de formuler des mécanismes de gouvernance utiles pour rendre l'action publique plus efficace dans une économie du savoir qui mise sur l'innovation.
Chaubet, Stéphanie. "La déclaration d'irresponsabilité pénale pour trouble mental au stade de l'instruction." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10045/document.
Full textLike many other laws passed in criminal matters, law n° 2008-174, dated 25 february 2000, relating to security detention and criminal irresponsibility due to mental disorders, was adopted in response to the deep emotion of the public opinion generated by the media coverage of tragic events.This law has two main components : the first focuses on "security detention" for criminals with severe personality disorders, cause of a "particularly dangerous nature" ; the second part entitled "declaration of irresponsibility due to mental disorders" interested persons found not criminally responsible in application of article 122-1 § 1 of the Penal Code. While the second part of the 2008 law had a lesser media coverage than the first one, he raised and still raises heated debates. Composed of several dispositions inspired by various works related to the question of criminal responsibility due to mental disorders, that led to the formulation of sometimes surprising recommendations, the second part of the 2008 law was strongly criticized. Some of these dispositions, however, were unanimously approved. After five years of application, what conclusions should be drawn ? During the investigation phase, the results are somewhat mixed. It seems that some of the changes that were made on the occasion of the 2008 law have an uncontestable utility, but, others, however, are insufficient or unnecessary
Portolano, Diane. "Essai d'une théorie générale de la provocation." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32046.
Full textCommon in criminal law, never undertaken in civil law or in administrative law, this research shows the wide legal approach of the notion of provocation. Despite this richness, no transverse study has never been done about it. Moreover, this notion remains undefined. Nevertheless, not only the conceptualisation of provocation has been necessary, owing to the absence of coherence regarding its approach, but this conceptualisation was also not perfectly conceivable.To that purpose, the typology of provocation’s behaviours, its nature and characterisation were able to be set up. Then, the duality of provocation, which is the result of the essential influence’s relation of the provoker on the provoked person, required studying expressions of the provocation on the one who is incited. Regarding this matter, it seemed the subjectivity of the concept of provocation often faced with the increasing objectivation of liabilities and explained, at least partially, the decline of its legal approach, in particular in criminal law. Therefore, the conceptualisation of the provocation was confronted to serious difficulties, regarding both the definition and the concept, of notions relating to provocation and inherent in the legal responsibility, such as culpability, will, intention, accountability or the causal link and imputation as well. Without expecting a total renewal of the notions belonging to the theory of liability, a clarification of these ones seems to be a necessary precondition for the conceptualisation of provocation and its practical application. Eventually, to the finding of an eminently subjective nature of provocation, must be added the one of a special legal regime. The regime of provocation, following the example of its nature, turns out to be dual: it involves or reduces the legal responsibility depending on the person charged is the provoked or the provoker. Special, dual and subjective, the legal regime of the provocation will point out its extent and assure it of real efficiency
Theophile, Hélène. "Etude de la causalité en pharmacovigilance et pharmaco-épidémiologie." Thesis, Bordeaux 2, 2011. http://www.theses.fr/2011BOR21898/document.
Full textThe analysis of causality, which consists of determining if drug intake is the cause of the event occurrence, is the central issue of pharmacovigilance and pharmacoepidemiology. The first part of this work deals with the study of causality assessment methods at the level of individual cases. We first compared the recently developed logistic causality assessment method and the method officially used in France, to consensusual expert judgement taking as a reference. The results showed that the French causality assessment method tended to underestimate the responsibility of the drug (low sensitivity) whereas the logistic method tended to overestimate it (low specificity). Subsequently a new version of the French causality assessment method aiming to improve its sensitivity and discriminating power was proposed. The validation phase of this updated method showed improved sensitivity and a performance closer to consensual expert judgement. For the logistic method, the criteria of causality assessment and their weights were re-evaluated on a larger sample of drug-event pairs that had been used in the initial weighting. The validity of this method and that of one of the most commonly used algorithms in pharmacovigilance, the Naranjo method, were compared to consensual expert judgement. Results concerning the internal validity and the predictive qualities of the Naranjo method were not satisfactory while the logistic method presented an improved specificity and good sensitivity and predictive values. The logistic method now presents characteristics that should improve the assessment of drug responsibility in the occurrence of adverse events. The implementation of causality assessment method specific to a therapeutic class and / or to a type of adverse event could also improve the assessment of adverse events. We proposed a scale adapted to hemorrhages with antithrombotics and derived from the French causality assessment method. In the second part of this thesis, the epidemiological analysis of causality was tackled by proposing two methods: the populational analysis of individual cases, in particular their time to onset after drug exposure, and the case-population approach. Although less robust than the conventional methods, these were tested on real problems of pharmacovigilance and the results indicate that they may be useful for an initial exploration of a potential causal association. In conclusion, this methodological work could help to better assess drug causality in the occurrence of adverse event in post maketing surveillance
Mouchard, Emilie. "L’accountability ou le principe de responsabilité en matière de protection des renseignements personnels." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLS116.
Full textBetween anglophone word and transversal concept, accountability ask about the responsability and the enforcement of its principle in privacy laws. Result of a social and legislative path, the imputabilité, who came throught the concept, shows privacy laws as a collaborative and individual regulation process, serving the responsability and the risks that cames with the information technologies and the achievement of the corporate social responsability.In the same time seeing as a goal, a mechanism and an instrument of an effective and efficient privacy, the accountability principle is a legal and a management principle, used by companies as an intern management technic. The realisation of the accountability project take place with the acknoledgement of the principle by the OECD, who highlight the accountability as an essential standard, a necessary mecanism and a moralization requirement according the risks that came throught social and technological evolutions on the right to privacy and its laws
Petipermon, Frédérick. "Le discernement en droit pénal." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020080.
Full textDiscernment is traditionally attached to the study of the « moral element » of the offense. Under the influence of the Penal Code of 1810, the foundations of natural law are at work, so that the discernment was defined by canon law as the ability to distinguish good from evil. But this understanding does not reveal the content of the original criterion of free will: it used to correspond to the knowledge of the divine law which secular law was only the reflection. The analysis of positive law secularized invites you to discover the existence of a presumption of knowledge of the law as imperative as it was in the systems of ancient penalty. Discernment can then be defined as a reflexive consciousness: the awareness of rights and obligations identified to each person within legal statutes that the proliferation of standards helps to clarify. Also, guilt is not a knowledge of the wrongfulness of an outcome; it proceeds fromignorance of the legal requirements in the person who is presumed to know of its existence. In criminal proceedings, this presumption becomes protective of the rights of the suspect. No coercive act can be exercised against him if he has not been notified of the status to which he belongs. This information ensures the retributive purpose of punishment, for the one who can’t ignore the reasons for his conviction. In any event, the submission of individuals to the established rules is the only objective of the criminal law, which might imply that it accepts the presence of victims in criminal proceedings, for the sole purpose of preserving their faith in his imperativity
Gazelix, Jean. "La prise en compte des éléments de personnalité du délinquant par le droit pénal." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0288.
Full textThe study of the offender’s personality falls first within the field of behavioral sciences, such as psychology, psychiatry, criminology or even philosophy. However, through the social defense movement, the criminal law field got more and more interested in the study. In criminal law, the offender is not seen as an abstract object anymore but is placed at the same level as the gravity of the offense considered. To do so, an in-depth knowledge of the personality is necessary, which has led to a close collaboration between criminal law and behavioral sciences. This study on the offender’s personality shows that contemporary criminal law is based on components of the personality. They are decisive to determine criminal responsibility and the criminal justice response to the offense. In practice, the use of the offender’s personality reflects the importance attached to it by lawmakers. For instance, at the instruction stage, a file on personality is made. This file is often used for the judgment and the determination of the sentence. However, some doubt remains regarding the means granted by the justice system to assess the offender’s personality. Regarding the components of the personality taken into account, they change throughout the criminal proceedings. They are grasped differently and by different people. It is clear that the components of the personality affect both the determination of criminal responsibility and the criminal justice response. First, it appears that the conditions governing criminal liability are affected by the offender’s personality whose file on personality is decisive. Those conditions governing criminal liability have been reviewed, which helped redefine the notion of guilt and the notion of imputability using the components of the offender’s personality. The two notions are also used for the legal entity, but it is established that the offender’s personality, as understood here, cannot be applied to it. Second, the study focuses on the criminal justice response to the offence committed. This stage is really important regarding the offender’s personality because the criminal justice response must adapt either to the gravity of the offense or to the offender’s personality. It is for the prosecutors and the judges to apply this principle of the individualization of the criminal justice response
Diouf, Djibril. "Partenariats Public-Privé au Sénégal : analyse institutionnelle, contractuelle et conflictuelle du contrôle public dans l’hydraulique urbaine et périurbaine." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1134.
Full textThrough this PhD thesis, our initial objective was to understand the control exercised by the government on their private partners in the Public-Private Partnerships. This was necessitated by the differences in objectives of the partner institutions and their different characteristics.This is why it has been the question for us to understand how the authorities through the institutional and contractual arrangements exercised this role of control over the private partner.On the basis of such an approach, it was subscribed to qualitative methods including case study to understand the control on the PPP.On the institutionalization, axis such as the inclusion of all the stakeholders, the differences in objectives, the roles and responsibilities, the lack of hierarchy were alternately analyzed. This allowing to make them prerequisites to PPPs.With respect to contracting, we had to look at the control models which were based on the need to correct the system and on those which create the conditions of accountability. To conclude this point, it will appear that contracts should be based on elements of performance.Finally, on the treatment of the differences between partners, the differences in goals, values and characteristics, the opportunism of partners especially the private ones, the need for an alliance and cooperation, the pragmatism of partners have been highlighted. In other words in the PPP, it is necessary to manage such differences
Blum, Michel. "La reparation du dommage psychique : imputabilite, incapacite permanente partielle, d'apres 94 cas d'expertises psychiatriques." Université Louis Pasteur (Strasbourg) (1971-2008), 1985. http://www.theses.fr/1985STR1M220.
Full textRadoi, Aurelian Radu. "La responsabilité internationale indirecte de l'État du fait des particuliers." Electronic Thesis or Diss., Strasbourg, 2023. https://publication-theses.unistra.fr/restreint/theses_doctorat/2023/RADOI_Aurelian-Radu_2023_ED101.pdf.
Full textThe law of State responsibility is rooted in the principle that a State is only responsible for the acts of its own de jure or de facto organs. However, certain rules of attribution can lead to the responsibility of the State for acts perpetrated by individuals with whom it is legally or factually connected. Despite this evolution, there is still a significant responsibility gap when a private actor is involved. In the absence of specific rules of attribution, due diligence obligations fill the shortcomings of classic attribution rules. Cyberspace presents new challenges, and the law of State responsibility has to adapt in order to avoid other gaps in responsibility. One solution would be the integration of the concept of complicity in the relationship between a State and a private actor
MESTRALLET, ROUSSON ISABELLE. "Methode d'evaluation du diagnostic en pathologie professionnelle : validation et perspectives d'utilisation." Lyon 1, 1988. http://www.theses.fr/1988LYO1M472.
Full textDuymaz, Erkan. "L'"effet horizontal" de la convention européenne des droits de l'homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30025.
Full textThe horizontal effect involves the application of the ECHR in interindividual relationships. Justified by the theory of positive obligations, this jurisprudential construction allows to establish the international responsibility of the State when it fails to take necessary measures to prevent and suppress violations of the Convention committed by private persons. Recognition of the horizontal effect by the European judge results in the proliferation of substantive and procedural obligations of the State. Transposing them into domestic law compels public authorities, including courts, to interfere in private relations. Necessary for the effectiveness of human rights, the diffusion of the horizontal effect generates, in return, an extension of State intervention in the private sphere and the emergence of individual duties based on the respect of the rights and freedoms of others. The European Court of Human Rights, pioneer of the « horizontalization », refuses to develop a general theory. The challenge is therefore to delimit the extension of human rights to relations between individuals so that it does not become a factor of weakening of the vertical protection of human rights
Diouf, Djibril. "Partenariats Public-Privé au Sénégal : analyse institutionnelle, contractuelle et conflictuelle du contrôle public dans l’hydraulique urbaine et périurbaine." Electronic Thesis or Diss., Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1134.
Full textThrough this PhD thesis, our initial objective was to understand the control exercised by the government on their private partners in the Public-Private Partnerships. This was necessitated by the differences in objectives of the partner institutions and their different characteristics.This is why it has been the question for us to understand how the authorities through the institutional and contractual arrangements exercised this role of control over the private partner.On the basis of such an approach, it was subscribed to qualitative methods including case study to understand the control on the PPP.On the institutionalization, axis such as the inclusion of all the stakeholders, the differences in objectives, the roles and responsibilities, the lack of hierarchy were alternately analyzed. This allowing to make them prerequisites to PPPs.With respect to contracting, we had to look at the control models which were based on the need to correct the system and on those which create the conditions of accountability. To conclude this point, it will appear that contracts should be based on elements of performance.Finally, on the treatment of the differences between partners, the differences in goals, values and characteristics, the opportunism of partners especially the private ones, the need for an alliance and cooperation, the pragmatism of partners have been highlighted. In other words in the PPP, it is necessary to manage such differences
Ferro, Rodrigo Cavalcante. "A responsabilidade penal do psicopata delinquente ante a legislação penal brasileira: qual o tratamento dispensado ao psicopata criminoso, como resposta ao seu ilícito praticado?" Universidade Federal de Alagoas, 2016. http://www.repositorio.ufal.br/handle/riufal/1565.
Full textABSTRACT: A very controvertial theme in criminal law is the possibility to impose a sanction to a guilty which has a personality disorder, the psychopath. In Brazil, the classic doctrine insists to put these people as a holder of the benefits fixed in the single paragraph, of the article 26, of the Criminal Code, treating them as semi imputable. Other group that has been attaining expression adjudge them as risky people, but healthy, therefore, able to respond criminally as anyone. Lastly, there are those who treat them as diseased people, and, for this, treatment deserving and does not have any punishment. Here, we will do a tour in these three doctrinal lines, filing, in the final, to one of them. This trip will be done, necessarily, taking in count the limites constitucional principles of the state power to punish.
Um tema bastante controvertido no Direito Penal reside na possibilidade de se impor uma pena ao criminoso portador de um transtorno de personalidade, o psicopata. No Brasil, a doutrina clássica insiste em tachar esses sujeitos como pessoas detentoras dos benefícios previstos no parágrafo único do artigo 26 do Código Penal, tratando os como semi-imputáveis. Outra corrente que vem ganhando expressão os julga como elementos perigosos, mas sãos, portanto, aptos a responder penalmente como qualquer outra pessoa. Por fim, há aqueles que os tratam como sujeitos detentores de uma moléstia, e, por isso, merecedores de tratamento e não de punição. Aqui, farse-á um passeio nestas três linhas doutrinárias, filiando-se, ao final, a uma delas. Passeio que é feito, necessariamente, levando-se em conta os princípios constitucionais limitadores do poder de punir estatal.
Di, Fusco Emanuela. "Influenza dei parametri idrogeologici nei processi di contaminazione del sottosuolo imputabili a rilasci accidentali di idrocarburi." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amslaurea.unibo.it/8546/.
Full textFortat, Nicolas. "Autorité et responsabilité administrative." Thesis, Tours, 2011. http://www.theses.fr/2011TOUR1003/document.
Full textNo summary available
Radwan, Hamsa. "Le discernement comme condition de la responsabilité pénale : droit pénal comparé français et syrien." Thesis, Reims, 2019. http://www.theses.fr/2019REIMD005.
Full textDiscernment is a concept that marks the boundaries between law, psychology and philosophy. Therefore, the legal analysis of this notion must be understood within a psychological and philosophical framework. Discernment is a particularly complex notion. It is defined as the ability to distinguish between right and wrong. It may be confused with other notions with which it overlaps, such as criminal intent.It is therefore, indispensable to situate discernment in criminal legal theory. Thus, the following issues will be addressed in this thesis: Should discernment be linked to the legal understanding of what constitutes an offence, of to the theory of accountability? What are the consequences of the lack of discernment on the criminal liability of the offence perpetrator? Are these consequences similar in French law and in Syrian law? And lastly, when there is no criminal liability, what are the alternatives responses thesis shall look for alternatives responses provided for in both criminal law systems?
Fierro, Laura. "Dal superamento degli OOPPGG al superamento del doppio binario: la necessità di una riforma e le deleghe legislative per una nuova disciplina delle misure di sicurezza personali (legge n.103/2017)." Doctoral thesis, Universita degli studi di Salerno, 2018. http://elea.unisa.it:8080/xmlui/handle/10556/4288.
Full textThe research deals with the problems related to the basic condition of the criminal liability and the relationship between mental disorders, crime and social dangerousness as prerequisite of custodial measures. Offenders with a verdict of insanity cannot be punished and they have to be declared “not guilty by reason of insanity”; if these offenders are also declared socially dangerous, the judge has to apply custodial measures. The main issue is how to manage the contrast between social control demand and individual rights protection. The questions arising within the criminal trial process concern basically the difficulties in the evaluation of the capacity and social dangerousness of defendant (mental illness is not easy to define and all mentally disordered offenders always hold a more or less wide ‘portion of answerability’ - Corte Cass. Sez. Unite n. 9163/2005); this led also to the questionable use of neuroscience in the judgment of capacity and social dangerousness. Recently, the Italian criminal law system underwent a progressive change of the legislation concerning ‘psychiatric hospitals for mentally disordered offenders’ (Ospedali Psichiatrici Giudiziari – OPG): mentally disordered offenders have been dislocated into REMS (Residence for the Execution of custodial measures for mental disordered offenders). Act n. 81/2014 leads indeed to the overcoming of the psychiatric hospitals and changes the judgement of social dangerousness: this evaluation is now only based on subjective and personal qualities, without taking into account personal, family and social living conditions of the offender, as provided before in accordance to Art. 133 co.2 n.4 of the Italian Criminal Code. The dissertation takes into account current law in force, recently change of legislation from Act n. 230/1999 to Act n.103/2017 (Riforma Orlando, from the name of the proponent), jurisprudence and doctrine on the subject, and all the most important law reform drafts on the matter. One of the change expected from Act n.103/2017 is the deinstitutionalization of mentally disordered offenders through the enhancement of healthcare in order to increase individual rehabilitative treatments (social dangerousness and ‘need of care’). This important reform is not implemented so far. The research is also the result of the participation in conferences and seminars on the overcoming of the partition between mentally disordered offenders and ordered offenders: not only some part of doctrine, but also a Parliamentary Commission (Commissione Parlamentare di inchiesta sulla efficacia e l’efficienza del Servizio Sanitario Nazionale, 2011), stated that the abolition of the legal institute of non-imputability is “an essential landing place”. Last chapter deals with a comparative research in which the attention has been focused on the system of custodial measures for mentally disordered offenders in Germany, a research study carried out at LMU – Ludwig Maximilian University of Munich, in France, in the United Kingdom and in Sweden. This analysis shows how Italian criminal law system is still inadequate, thus it does not provide a wide range of judicial reactions with re-educational and re-socialization purposes (Art. 27 Cost.). Lastly, the study comes back to the problem concerning how to manage ‘treatment’ and ‘punishment’, i.e. the relationship between psychiatry and criminal law system. ‘Treatment’ should be the task of the psychiatry that should leave the social control sphere and regain its merely therapeutic status. ‘Punishment’ should be the task of the criminal law system. Within a perspective of real prevention and to accomplish Art. 3 Costitution the system should enhance healthcare and social services and provide access to individual therapeutic treatments for all mentally disordered offenders. [edited by Authors]
XXX ciclo
Ramos, Maria Regina Rocha. ""Estudo da concordância entre laudos psiquiátricos conclusivos de capacidade parcial de imputação e sentenças judiciais"." Universidade de São Paulo, 2002. http://www.teses.usp.br/teses/disponiveis/5/5142/tde-10032004-170641/.
Full textThe relationship between Forensic Psychiatry and Criminal Law is very old, but it has always been scarcely studied in scientific terms. Through a retrospective decriptive study, consisting of case series, the author compared 24 conclusive psychiatric reports of partial capacity of imputation and 24 corresponding judicial sentences. The concordance between reports and sentences was calculated by means of proportion of sentences concordant with the reports, and the respective confidence interval, with level of confidence of 95%, resulting in 91,7% of concordance (IC 95% = 73 a 99%). The author also calculated the concordance (20 reports and corresponding sentences) between the security measures proposed by the psychiatrist and the security measures determined by the judge by means of kappa coefficient, resulting in kappa = 0,03 and p = 0,43 of concordance. The author concluded that, in this study, the concordance between reports and sentences was high concerning the partial capacity of imputation, while the concordance between reports and sentences concerning the security measures was low.
Lyons, John Patrick. "A comparative study of imputability in selected portions of canons 1321-1324 of the Code of canon law and the criminal laws of the state of Arizona." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.
Full textPouillaude, Hugo-Bernard. "Le lien de causalité dans le droit de la responsabilité administrative." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020054/document.
Full textCausal relationship is a central term in the law of administrative responsibility. Between fault and prejudice, the examination of causal relationship is an essential element of justice and constitutes an unavoidable intellectual requirement. It allows the judge to give an order which is both rational and just to facts. Reputed to be impenetrable, suspected of arbitrariness, driven into alleged decline by the development of the logic of insurance, causal relationship has never formed the object of a full-fledged study in public law. The analysis of the notion of causal relationship allows us to correct the image above. It first reveals that we have to distinguish the metaphysical problem of causality from the pragmatic question of causal explanation. The nature of the problem posed by these two questions is different. The question that is put to the judge is modest : give a rational explanation to facts without looking for the truth. It secondly allows to observe that the causal relationship, if it does not come close to being an objective observation of facts, does not bear the imprint of a specific subjectivity with regard to other indeterminate notions in law. The study of the practice of causal relationship bears witness to this. The administrative judge has an ordered approach of the causal relationship founded on a balance between attachment to the materiality of facts and the finality of causal explanation. In the identification of a cause, in the prioritization of multiple causes or in fixing damages, administrative jurisprudence is characterized by this freedom, which is in conformity with the Blanco ruling, in the determination of a jurisprudential policy that causal relationship sometimes renders possible, but which it only follows most often
MOLENA, DAVIDE. "Oltre la scuola antropologica: la riflessione penalistica di Bernardino Alimena." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2013. http://hdl.handle.net/10281/41134.
Full textReix, Marie. "Le motif légitime en droit pénal : contribution a la théorie générale de la justification." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40055/document.
Full textIn many legal disciplines, the legitimate reason is a model of justification of acts. The legitimate reason prevents the enforcement of the law, either by creating a right or by exempting someone from a duty. Despite an unprecedented boom, criminal law is hesitant about this vague notion. In order to justify judges' assessment margin, the legitimate reason is commonly considered as a motive. This accentuates the confusion between objective and subjective causes of irresponsibility. The formal approach of the justificatory process is inadequate, making the process increasingly biased. The analysis of the legitimate reason requires a re-examination of the justification theory using a solid understanding of unlawfulness which can help standardize its implementation. The study of the legitimate reason’s justificatory function allows a better understanding of the flexibility of its implementation requirements. The legitimate reason reverses the presumption of unlawfulness on which liability is based. The cause of liability is conditioned by the value judgment made about the offence, whereas the judgment of the reality of the offender’s intention is the condition of his imputation. The legitimate reason stems from circumstances that are external to the offence, and which enable the review of its lawfulness. The objective nature of the legitimate reason is aligned with the fact that it exempts from liability in rem and not in personam. However, the requirements for its application seem exceptional to the common law of justification in two regards: its broad criteria and its narrow field. It is limited to offences of abstract risk that protect secondary values for which the presumption of unlawfulness is artificial. The defendant must prove the legitimacy of his act whereas the abstract legitimacy of the suppression is unconfirmed. The expansion of this dispensatory field of suppression reveals an inadequate control of its abstract necessity. In any case, bringing up legitimate reason is useless as it is implicit to any offence and is considered as a general model of justification. It leaves the judge free to assess the necessity of the penalty on a case by case basis, as the law, by nature, cannot resolve all value conflicts. The post facto justification of socially necessary offences or even trivial offences reinforces the authority of the law by ensuring an enforcement that is aligned with the law's aim of protecting values
Deitos, Alexandre Raphael. "O uso do terceiro molar na estimativa de idade em brasileiros." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/23/23153/tde-15042015-170618/.
Full textThe age estimation of living or dead individuals is an important part of forensic sciences because it can be used in various situations, including mass disasters, or for civil or criminal reasons, such as adoption, asylum, civil rights or criminal responsibility. Teeth play a major role in this context because they are more resistant than bones in extreme environmental conditions and their development is hardly affected by exogenous or endogenous factors. Because the third molars (3rdM) are still in development from the age of 14, they are useful for determining whether an individual has reached the legal age of 18 years. The techniques developed at present to estimate the age of living people mostly rely on radiographic images of teeth, because it is a non-invasive method and has potential to get samples database of clinical radiological for population studies. This study aims to verify the method of Cameriere et al. (2008) (CM) in Brazil to discriminate whether an individual is under or over 18 years from the maturity index of the 3rdM (I3m), as well as comparing the sensitivity (SE) and the specificity (SP) of this method with the G and H stages of the Demirjian et al. (1973) method (DM) modified by Mincer et al. (1993). The analysis of 444 panoramic radiographs resulted in a SE of 78.3%, a SP of 85.1% and a correct classification (CC) of 87%, for a cutoff value of I3m <= 0.08 as in original study. Significant differences in sexual dimorphism in the early mineralization of males were found only for the average age belonging to the bands I3m >= 0.08, except for the range [0.7, 0.9). For the MD were found, respectively, for the G and H stages - SE: 80.54% / 52.94%, SP: 85.27% / 95.54% and CC: 86.8% / 94.2%. The method is suitable for estimating adulthood for forensic purposes in Brazil, although it must be applied carefully and judiciously. We recommend a combination of several methods that are available to increase accuracy as well as the establishment of different parameters that are likely to determine whether a person is more or less than 18 years of age, depending on the different legal requirements, whether civil or criminal. For Brazilians, MC an MD achieve its best performance with I3m <= 0.13 or G stage, respectively, recommended parameters to consider the legal age for civil purposes. For criminal purposes, it is recommended I3m <= 0.05 (CM) or H stage (DM).
Sousa, Isabel Maria de. "Homicídio Passional: Uma Teoria in Extremis." Pontifícia Universidade Católica de Goiás, 2004. http://localhost:8080/tede/handle/tede/1926.
Full textThis study has the objective to investigate human violence, such as homicide, committed under emotional or passionate states, that holds crime as a human characteristic. Throughout this theme, the thesis states that crimes committed under these emotional states cannot be used to justify homicide, or to lower penal sentences, but to explain them. Emotion and passion can only eliminate penal sentences when derived from psychological pathologies that incapacitate the understanding and wanting of the person. Crimes of passion have an integrated cognitive conscience and affection, failing the murderer only the ethical control over his decisions. The thesis also states that passion that kills doesn't derive from love or honor, but from a homocidal instinct. However, the passional murderer is responsible for the legal consequences of the crime. The case study explores the subject object world relationship, under various perspectives: such as psychological and psychiatric points of view, being the reason why this study focuses on the fenomenological method of diagnosing the subjects researched. The analysis of the results shows the need to better comprehend the facts and experiences of passionate homicide, to create a rupture in the legal penal system, in its process, diagnosis and penal sentences.
Este estudo tem o objetivo de investigar a violência humana no crime de homicídio, cometido sob os estados emotivos ou passionais, situando-se em uma vertente que apreende o crime como fenômeno real, humano. Ao enfrentar o tema, a sustentação recai na tese que os estados emocionais ou passionais não podem ser utilizados como componentes para justificar o homicídio, diminuir ou atenuar a pena, senão para explicá-lo. A emoção e a paixão somente podem elidir a imputabilidade penal quando derivadas de patologias do psiquismo humano, que impedem a capacidade de entender e querer do agente. No crime passional, os aspectos afetivo e cognitivo da consciência mantêm-se íntegros, faltando ao homicida o domínio ético sobre suas decisões. Também se sustenta que a paixão que mata não deriva do sentimento de amor ou de honra íntima, mas de instinto homicida. Portanto, o criminoso passional é imputável e responsável pelas conseqüências jurídicas do crime. O estudo de caso explora a relação sujeitoobjeto- mundo, sob perspectivas psicológica, psiquiátrica, psicopatológica e jurídico-penal, razão pela qual este estudo focaliza a aplicação do método fenomenológico no diagnóstico dos sujeitos pesquisados. A análise de resultados assinala a necessidade de aprofundar a compreensão da experiência e dos fatos homicidas considerados passionais, para provocar uma ruptura do pragmatismo dogmático do sistema jurídico penal no processo de seu diagnóstico, imputação, imputabilidade e penalização.
Margaine, Clément. "La capacité pénale." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40036/document.
Full textOriginally defined as the capacity to be punished, criminal capacity can be understood more widely as summarizing mental abilities that are required for criminal responsibility. Some are needed to commit the offense, others for criminal responsibility but both ensure the moral meaning of criminal law. Applied to the penalty, criminal capacity can be used to adapt the sentence to the personality and needs of those who must endure it
David, Paul. "Le traitement de l'incertitude dans le contentieux des produits de santé défectueux." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB218.
Full textAt a time when healthcare-product litigation is attaining record heights, the implementation into French law of the special liability regime for defective products, which derives from the European Council Directive of 25 July 1985, has led to the emergence of several grey areas of uncertainty which have a direct impact on the outcome of claims for compensation. Areas of material uncertainty have, for the most part, been effectively dealt with through the combined application of case law and the intervention of the legislator. While classic legal tools such as presumption and alternative causality provide a means to resolve a non-negligible part of these uncertainties, judges have also endeavoured to develop new tools, such as risk/utility test and market-share liability. Still, although the development of these legal tools - better suited as they are to the specific features of healthcare products - provide an effective solution to resolving areas of material uncertainty, the treatment of scientific uncertainty, which is based on presumptions of fact, does not always provide satisfactory solutions. The study of the legal treatment of uncertainty in healthcare-product litigation provides a means to assess the benefits but also the limitations of certain tools that are now available to judges but which at times prove inadequate. Intervention on the part of the legislator, while at the same time taking into account the specific features of healthcare products, could lead to the development of a suitable compensation system that could afford relief when litigation fails
Quistrebert, Yohann. "Pour un statut fondateur de la victime psychologique en droit de la responsabilité civile." Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G001.
Full textThe psychological impact of the events, which are the source of responsibility, be they acts of terrorism, loss of a loved one, psychological harassment, is specific to characteristics both protean and invisible. The first among them is due to the fact that in psychological matter injuries and the resulting suffering are both varied. As such, from the injury point of view, certain events will prove to be more traumatizing than others. Principally those during which the subject has been faced with his own death. Concerning suffering, a subject can as well emotionally suffer a change in his own integrity – for example the physical one with a diagnosis of a serious illness – that of a sort damage which affects that of a loved one (e.g. death or handicap). Then, the impact is considered invisible. It appears much more simple indeed, to identify harm to physical integrity as a harm to psychic integrity. More so, certain psychological harms are totally imperceptible by reason of their eminently diffuse characteristic. The object of this demonstration is therefore to know how civil liability law will comprehend the victim of such a psychological impact. Its comprehension will be particular given the inevitable interaction between the judicial and psychological spheres.In order to better understand this, we will first propose a conceptualization of the psychological victim that blends into psychopathological reality. Two major distinctions feed this thought. One is legal nature, which relates to the distinction between prejudice and harm. The other is psychopathological in nature which opposes emotional shock and psychic trauma. Their intertwining allows us to elaborate different cases of manifestation of psychological suffering and define the contours of the qualities of the victim. Secondly, regarding compensation for a psychological victim, both the appreciation and the evaluation of these prejudices will be examined. The repercussions of psychic trauma, or even emotional shock can sometimes be so grave that compensation cannot restrict itself only to the experienced suffering. Consequences of different natures, for example patrimonial ones, must be taken into consideration. To this end, a division of the prejudices of the psychological victim should be put in place. Distinct rules of compensation will be established based on the prejudice endured. A prejudice presumed, originating notably from a harm, cannot logically be compensated in the same fashion as non-presumable prejudices that require a forensic assessment. In short, the system of compensation must be in phase with the system of disclosure of suffering that has been previously established. As a result, this study proposes to construct a true founding status of a psychological victim. Once this principal notion has been completely conceptualized, we can use it to create a rational compensation scheme
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Full textWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
Baron, Elisa. "La coaction en droit pénal." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40049/document.
Full textIn criminal law, the co-perpetrator is classically presented as an individual who, acting jointly with another, gathers all the constitutive elements of the offence. However, one may harbor doubts concerning the relevance of this assertion since both case law and legal scholars denature its meaning.Actually, far from being limited to a mere juxtaposition of perpetrations, co-perpetration must be understood as a full mode of participation in the offence. Indeed, it appears as a form of imputation halfway between perpetration and complicity, from which it borrows some characteristics. In other words, it proves to be a mode of participation in one’s own offence. Above all, its particularism is provided by the interdependence between the co-perpetrators : because each of them joins forces with his alter ego, all are placed on an equal footing. These elements, which are found both in it’s concept and in it’s regime, demonstrate thereby the specificity of co-perpetration while strengthening the coherence of the different modes of criminal participation
Baron, Elisa. "La coaction en droit pénal." Electronic Thesis or Diss., Bordeaux 4, 2012. http://www.theses.fr/2012BOR40049.
Full textIn criminal law, the co-perpetrator is classically presented as an individual who, acting jointly with another, gathers all the constitutive elements of the offence. However, one may harbor doubts concerning the relevance of this assertion since both case law and legal scholars denature its meaning.Actually, far from being limited to a mere juxtaposition of perpetrations, co-perpetration must be understood as a full mode of participation in the offence. Indeed, it appears as a form of imputation halfway between perpetration and complicity, from which it borrows some characteristics. In other words, it proves to be a mode of participation in one’s own offence. Above all, its particularism is provided by the interdependence between the co-perpetrators : because each of them joins forces with his alter ego, all are placed on an equal footing. These elements, which are found both in it’s concept and in it’s regime, demonstrate thereby the specificity of co-perpetration while strengthening the coherence of the different modes of criminal participation
Wurtz, Karine. "L'apport des théories morales de la responsabilité pour penser l'imputabilité des crimes de guerre." Thèse, 2010. http://hdl.handle.net/1866/4502.
Full textMy research starts from the statement that imputing an act on someone raises its own difficulties. But these difficulties are increased when it is a war crime that we have to attribute. Indeed, to whom does one accredit a crime when the context engages collective actions (battalions, crowds, resistant organizations) or when acts performed were ordered by superiors in the hierarchy ? How to consider the fact that the context of war can be disturbing or traumatizing for soldiers, without going so far as to excuse them of their crimes? And nevertheless, it is necessary to propose solutions, because the question takes on major importance, not only in regard to justice within international lawsuits, but also in the post-war general context. Indeed, the exactness of accusations, the visibility of legal methods and procedures are some of the many elements which acquire a particular impact on the efforts to settle a peace that will be as durable as possible. Furthermore, the establishment of responsibilities, at the individual level as well as at the States level, has to allow to understand what made possible crimes within an armed conflict and, therefore, to rethink elements of a possible prevention.
réalisée en cotutelle entre les Universités de Montréal et de Paris 1 Panthéon-Sorbonne (France)