Dissertations / Theses on the topic 'Intention criminelle'
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Fehrenbach, Karine. "Empoisonnement criminel et spécificité de son incrimination." Nice, 1999. http://www.theses.fr/1999NICE0039.
Full textCriminal poisoning is a real issue today. The scandal of contaminated blood was brought to light when fatal substances were injected deliberately. The law on this act needs to be qualified. How does one prosecute? How does one punish? In French penal law, poisoning is a specific crime, distinct from either aggravated or simple murder. Sly and divesting, it has been severely and specifically punished. However, during the penal code reform of 1992, upholding it as a special crime was contested. The infringement of specific poisoning was finally re-established but the moral implications thereof were discussed: was there intention to kill or not? Faced with the indecisiveness of the judges and legislature, a clear interpretation and application of the crime of poisoning has therefore been rendered difficult. The object of this study consists in giving this infringement its true sense: that it is a particularly dangerous crime which justifies a separate category from other forms of attempted murder. There must be, however, a specific intention to kill. This view may very well not encompass the whole of the doctrine. That is why the effectiveness of the battle against this crime will, without doubt, go towards a true meaning. Indeed, new legislation, clear and without ambiguity, would permit the law to be clarified
Le, Roux Clarisse. "L’incrimination du projet criminel." Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3010.
Full textOften studied more broadly within preventive offences, the criminalisation of the criminal project warrants a study on its own for two reasons. On the one hand, it is the only mode of incrimination that simultaneously distorts the theory of attempt and the theory of complicity. As a result, the criminalisation of criminal intent has a unique identifiable structure as it punishes the intention to see a criminal act carried out and to devise the necessary means to that end. It is thus the incrimination of the preparation of an offence (which may for instance take the form of aiding or abetting) to prevent it from being committed. On the other hand, since the criminalisation of a criminal project is aimed at preventing its execution, it enables early repression. By anticipating the repression of an offence, the legislator has made it possible for suspicion to be anticipated. Indeed, early criminalisation leads to early suspicion, which in turn leads to early investigation – thereby increasing the risk of misuse of criminal proceedings. In doing so, the criminalisation of the criminal project transforms procedural tools and the functions assigned to criminal law. As part of a policy of standardising both substantive and procedural anticipation, the study of the criminalisation of the criminal project leads to the following conclusion: it must regain an exceptional nature
Vignon-Barrault, Aline. "Intention et responsabilité civile /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2004. http://catalogue.bnf.fr/ark:/12148/cb392183091.
Full textGaden, Chloé. "L'animus necandi." Montpellier 1, 2006. http://www.theses.fr/2006MON10009.
Full textDalloz, Bérangère. "L'intention : essai sur la notion en droit civil." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_dalloz_b.pdf.
Full textThe question of intent is mainly associated with the notion of fault, and as a result with the criminal law in particular, although not exclusively. The search for manifestations of intent in civil law demonstrates its role in other juridical situations. Thus, the element of intent is particularly pointed out when still named in Latin terms animus or affectio. The research of its various manifestations leads to a comprehensive analysis of the notion of intent, which psychological dimension may raise doubts as to its legal reliability. The definition of intent reveals an invariable structure despite a variable content which provides flexibility to this notion. In each hypothesis, this variable content can be identified and monitored. Consequently, intent is not necessarily about probing hearts, it is more a tool of categorization rather han individualization of legal situations. Thus, intent unveils the power of its discriminating effect. It is an invaluable qualification tool, as it appears at the basis of several summa divisio, and can create drastic legal effects by its mere presence or absence. Acting transversally across civil law, intent proves its importance, even if it is not systematically taken into account. Indeed, the search for intent is reserved for those legal situations which are considered abnormal or doubtful, a judgement relying on a certain representation of human beings
Berthe, Moussa. "Le rôle de la volonté en droit pénal." Paris 8, 2010. http://www.theses.fr/2010PA083156.
Full textThe psychological element of the offence, embodied by the criminal will, is indispensable to all offences. However, in the atmosphere of total confusion, the whole psychological facts of offence is often qualified as “guilty intention”. Yet, the intention, in criminal law, is linked to a notion of foreseeability. Its use as general term, which encompasses the wole psychological element of the offence, does not tally with its conceptual legal reality. It is the will which constitute the moral element necessary for all the offences. As necessary element for all the offences, the will also constitutes the moral foundation of the criminal responsability, because the criminal responsability is bound to the moral freedom of delinquent
Laurent, Philippe. "Contrat et droit pénal." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32003.
Full textNegrel-Filippi, François. "Le dol éventuel : Vers la reconnaissance d'une intention atténuée." Paris 1, 2010. http://www.theses.fr/2010PA010334.
Full textBerté, Stéphanie. "L'intention en droit pénal." Paris 10, 2005. http://www.theses.fr/2005PA100054.
Full textIntention is the desire to achieve an aim of which the illegal nature is known to the author, and normally is one of the constituent elements of most of the infractions. Frequently, jurisdictions do no more than hide behind the triple protection of the material accomplishment of an antisocial act, of the rule “everyone is considered to be aware of the law”, and of the system of proof based on presumptions to prove intention. Consequently, jurisprudence considers proof of intention to have been established from the moment that the material element has been proved. So that penal law serves as a means of instruction, it is essential that its applications be detached from any arbitrary element. However, in connection with intention, the repressive function of penal law has assumed greater importance over its pedagogic function, and this has been made possible by the absence of a strict definition of this idea. Starting from this point, the rule of law appears to compromise with uncertainties when it serves a political purpose
Capillon, Coralie. "La réticence dolosive." Versailles-St Quentin en Yvelines, 2010. http://www.theses.fr/2010VERS019S.
Full textAtypical, singular, the wilful misrepresentation by silence was like that, at the begining of its existence and still it nowadays event though it’s very useful. Part of the wilful misrepresentation as a material piece, the wilful misrepresentation by silence is, paradoxically, different and different of the others components of the wilful misrepresentation. The french legislator hasn’t allowed for it, it appears alone in some specified laws. Its interpretations will be in fact uncertain and the risk is to be lost it. That’s the reason why a certain doctrine questions on its survival. In order to avoid this pitfall and with the insperation of the others and European legislations, the wilful misrepresentation by silence has to exist by and for itself, perhaps for the first time of its long existence
Touré, Habiba. "Le crime passionnel : étude du processus de passage à l'acte et de sa répression." Paris 8, 2007. http://octaviana.fr/document/140600884#?c=0&m=0&s=0&cv=0.
Full textThe crimes due to passion are certainly the most captivating, passion moving and discussion-feeding of all. The murder of the loved one, the circumstances of the murder, and the tale of this love tragedy, are elements which can provide both condamnation and compassion from the public opinion. It's not an usual homicide in people's mind, because it evokes a love story that will end up in a tragic way. You identify yourself with the criminal, that's why you somehow consider him with benevolence. The study of this type of crime underlines the fact that it is more a matter of self esteem than a matter of love for the other. The criminals are usually men, whereas victims are in majority women. The notion of crime due to passion is often used to describe the acts of violence inside the couple that in the end will result in the death of one of the lovers. The study will use this constatation as a base, in order to deepen the comprehension of this criminal phenomenon. This will lead to the development of a better prevention of the crimes which take place in the intimacy of a couple
Vignon-Barrault, Aline. "Intention et responsabilité civile." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2003.pdf.
Full textSaint-Gérand, Valérie Mayaud Yves. "La culpabilité dans la théorie de la responsabilité pénale." Lyon : Université Lyon 3, 2005. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2000/saintgerand_v.
Full textFrancisco, Francisco María Inmaculada. "Aspects of implementing the culpability principle both under international and national criminal law /." Nijmegen, the Netherlands : Wolf Legal Publishers, 2003. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=012831696&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
Full textLemoine, Emmanuelle. "La repression de l'indifference sociale en droit penal francais." Rennes 1, 1999. http://www.theses.fr/1999REN10404.
Full textCollin-Santerre, Justine. "Étude sur les incendiaires québécois : analyse des motivations et scènes de crime." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/33292.
Full textThe goal of this study was to explore and develop a statistically derived typology of arsons and arsonists (serial and non-serial) from the Province of Quebec, for practical as much as scientific concerns. By collecting sociodemographic, criminals, and psychological information on the crime and the individual, it was possible to find, through latent class analyses (LCA), the most targeted crime scenes and main motivations to commit an arson. To do so, files from across the Province were selected and coded. In total, 48 files were analyzed, allowing to create a database of 245 arsons committed by 59 arsonists. In order to select those files, a coding sheet was sent to police services across the Province of Quebec. In line with scientific and practical gaps, the coding sheet was divided in three main sections: 1) sociodemographic characteristics; 2) information regarding the arson; 3) arsonists’ psychological profile information. Results show that, among the four main targeted crime scenes, public places were those mostly targeted by Quebecer arsonists. Moreover, analyses show six main motivations to commit arson. The identified crime scene and the identified motivation profiles were then combined, using bivariate analyses, to see how the arsonists’ motivation varied based on the targeted crime scenes. Results show that arsonists with profit or retaliation intentions are susceptible to target residential areas or vehicles. Globally, analyses highlighted that arson and arsonist profiles are still unknown in Quebec and, by knowing the most targeted crime scene and arsonist motivations, it is possible to enhances the investigators’ comprehension in arson cases, as much as guide them in terms of suspects’ prioritisation and identification. Keywords: arson, arsonists, serial arson, serial arsonists, crime scene, motivation, profiling, suspect prioritisation, crime prevention, latent class analysis.
Sauvant, Florence. "L'erreur en droit pénal." Nice, 1997. http://www.theses.fr/1997NICE0015.
Full textSaint-Gérand, Valérie. "La culpabilité dans la théorie de la responsabilité pénale." Lyon 3, 2000. http://www.theses.fr/2000LYO33031.
Full textTomlinson, Patrick John. "The Changing Nature of the Intoxication Defence : An Evaluation of the Effects of the Canadian Charter of Rights and Freedoms on the Common Law in Canada." Master's thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24628/24628.pdf.
Full textLoyer, Olivia Béatrice Marie, and Olivia Béatrice Marie Loyer. "L'appréhension législative des nouvelles technologies à l'épreuve des principes de droit pénal." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28141.
Full textDe l'apparition des nouvelles technologies a découlé la commission de comportements nuisibles réalisés au moyen de celles-ci. C'est donc naturellement que le législateur a décidé de réprimer de tels actes. Or, ce faisant, il a incriminé des comportements à la matérialité réduite. Nous entendons par là qu'il a créé des infractions constituées de faibles éléments matériels, situées en amont dans le cheminement criminel de l'individu, ce qui pose des questionnements quant à leur nécessité et à leur interprétation. L'appréhension législative des nouvelles technologies a aussi impliqué l'incrimination de comportements à la matérialité abstraite, c'est-à-dire des actes immatériels réalisés uniquement dans la sphère numérique. La répression de tels comportements pose des problèmes probatoires, que ce soit pour rapporter la preuve de la commission de l'acte reproché par l'accusé, ou apporter celle de son intention criminelle.
Frambéry-Iacobone, Alexandre. "La recherche de l'intention en droit pénal contemporain (XIXe-XXe siècles)." Electronic Thesis or Diss., Bordeaux, 2022. http://www.theses.fr/2022BORD0446.
Full textThe understanding of intention may seem excessively simple, as may its definition. We could say that intention is what we want, in our innermost being, without necessarily waiting for an externalisation. In this hypothesis, the intention is eminently personal, but also immaterial since it has no anchorage in the sensible world at this stage. In the same way, we could consider that intentional action would correspond to a determined act, caused with a determined will. Here, the action comes out of the inner world to enter the outer world. The entry into the tangible world is, moreover, a condition for the law to begin to take an interest in intentions, whereas religion, for example, can be satisfied with impure thoughts to act. However, once we have laid down these elements, if we want to scrape off this pragmatic veneer, the situation becomes more difficult: in short, we have said everything and nothing at the same time. Indeed, what is the will? How can we prove intention? Can we think of criminal law without intentionality? These are some of the questions that may arise, especially in a legalistic system. However delicate it may be to grasp, intention has nevertheless found its way into our criminal legislation. Given the absence of an operative definition, whether legislative, jurisprudential, or doctrinal, it may therefore seem interesting to adopt a historical approach to try to understand and master the ideological underpinnings that may have worked to impose such a notion. In addition, concrete work on the way in which the justice system can deal with the intentional question must be carried out, by mobilising archival sources, interviews with justice professionals, or by analysing doctrinal statements on the subject, among other things. Finally, it is once we try to understand, concretely, what intention can be, that we note its eminently fleeting, almost evanescent status, and that we can question the compatibility of the notion with the concomitant construction of a criminal law subject to certain cardinal principles, such as the principle of criminal legality
Mesa, Rodolphe. "Les Fautes lucratives en droit privé." Littoral, 2006. http://www.theses.fr/2006DUNK0223.
Full textGhanem-Larson, Abir. "Essai sur la notion d'acte terroriste en droit international pénal." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32005/document.
Full textThe semantic evolution of the notion of terrorism and the doctrinal birth of the notion of « terrorist act » until its national and international juridical resurgence show that terrorist infringement is based on the presence of a special double intention, sometimes according to an alternative approach, sometimes according to a cumulative approach. This special double intention reveals itself by the objective to terrorize people in order to result to its final aim, that one being a political change. In spite of the depoliticization adopted by international law to take terrorist crime out of the political sphere, this depolicization remains ficticious.The international approach takes into account those two specific intentions of the perpetrator according to an alternative teleological approach, wich means that one of them is enough to call the criminal act a terrorist one. That is right but incomplete. The suitable approach is the cumulative teleological approach. In other words, the terrorist offence is identifiable according to a special double intention of the perpetrator. So, the combination of those two special intentions is needed so that an act can be qualified of "terrorist act"
Leboeuf, Audrey. "Analyse critique des violences volontaires." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20031/document.
Full textThe legal definition of intentional violences is centered on the result, objective consequence of the latter. It is indeed found no legal clarification as to the intentional element of the violences, with the exception of misdemeanor violence and "violence causing death without intention to kill." Because of a preponderance given to the material component of the violences at the expense of the psychological element, the critical analysis of intentional violences and reveals an objective legal concept of these offenses. The study of the components and the legal regime reveals some problematic consequences of an objective understanding of these crimes. Most significant is the finding of a legal inadequate components: while the result, the main component of the offense, is used to determine both the consumption and the legal qualification, which varies depending on the extent of consequences of the acts, the psychological element covers only acts performed by the perpetrator, which constitute an alternative given the materiality of these offenses. This legal inadequacy leads beyond the offending imbalance, making it difficult to assess the exact contours of crimes analyzed.In view of this finding, a new approach to the constituent elements of voluntary violence is proposed, involving a legal reorganization of these offenses. The repression of attempted voluntary violence is now possible
Auroy, Benoît. "La consommation de l'infraction." Thesis, université Paris-Saclay, 2021. http://www.theses.fr/2021UPASH001.
Full textThe offence’s consummation is a term very familiar to the legal community, especially those interested in criminal sciences. However, the legislator has never been bothered to define it. What does this notion precisely mean? What is its usefulness? At first glance, the offence’s consummation is opposed to the attempt to designate the full constitution of the offence. It would thus be nothing other than the gathering of the constituent elements of the offence. This opposition between the consummation and the attempt is nevertheless not absolute, as illustrated by a recent decision of the Cour de cassation, in which it states that an attempt is consummated. The first could be the object of the second. This new reading of the consummation is thought-provoking, since this notion proves to be much more uncertain than it seems. Evoked in a single expression within the Penal Code, the consummation seems to have been abandoned by the legislator in favour of other expressions, such as the offence’s commission. This is to be regretted, as its role proves to be quite fundamental. In addition to constituting, in principle, the threshold for the triggering of penal repression and to cause the irreversibility of the act, the consummation influences the scope of application of punishable complicity or the spatial and temporal location of the offence. It is also a determining factor in the implementation of the non bis in idem principle and in the implementation of the rules determining the resolution of laws’ conflict, the prescription of public action and recidivism. Faced with all these issues, a substantial new light on the notion of consummation was therefore needed. If the example of foreign law could invite us to see it as a simple moment in the life of the offence (precisely when it becomes irreversible), such a presentation must be set aside. Because by expressing the perfect correspondence between the facts and the text of incrimination, the consummation appears as the link between the fact and the law; between the facts and the offence they constitute. It leads us to see in the offence not only a body composed of the incriminated facts (the corpus delicti), but also the life that animates it. But through the consummation, the offence is not only just born. It will also exist. In doing so, the consummation enables it to reach its perfection, its ideal, its aim : to generate the criminal responsibility of its perpetrator
Younes, Myriam. "Démocratie et terrorisme au Proche-Orient." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30081.
Full textOn the dawning of the third millennium, democracy is encountering two different challenges. On the one hand, it is shaken by terrorism that flies in the face of the democratic principles and values whilst destabilizing the institutions and threatening citizens touching even the nation itself. Notwithstanding the fact that on the other hand, democracy could be challenged by non-proportional and even excessive measures taken in the context of the fight against terrorism acquitted by certain « democratic » regimes. Thus, under the pretext of countering terrorism, the behavioural pattern of some democratic states undermines the State of law and unveils violations of human rights and fundamental liberties. The current study aspires to investigate the legal infrastructure that conforms to the fight against terrorism away from compromising the principles and values of democracy. For this purpose, the following pages would highlight the dialectic contradiction between two concepts: democracy and terrorism. In fact, the current study treats two hot topics particularly significant. The first of those topics would be the establishment of the Special Tribunal for Lebanon [STL] being the first internationalized with jurisdiction over the acts of terrorism. The second of the above-mentioned topics would be a comparative study treating the current « revolutions » occurring within the Arab States, hence highlighting the need to pursue democracy versus the rise of terrorism in the region. Moreover, this study would exhibit a prospect of the fight against terrorism carried out by countries of the Near East. In addition, this study exposes some conditions by which a « disguised » democracy would be avoided, one that is struck by terrorism, towards an « authentic » democracy, striking with rights
في فجر الالفية الثالثة٬ تواجه الديمقراطية تحديين مختلفين. التحدي الاول يكمن في الارباك الذي يحدثه الارهاب بضربه المبادئ والقيم الديمقراطية معرضا المؤسسات الى الخلل٬ مهددا المواطنين والامة ايضا. التحدي الثاني يتجلى بالانحراف في مكافحة الارهاب احيانا بطرق غير متناسبة لا بل مجحفة. فتحت ستار مكافحة الارهاب يتبين بان ممارسات بعض الدول الديمقراطية يضعف دولة القانون ويظهر انتهاكات لحقوق الانسان وللحريات الاساسية. تعالج هذه الرسالة البحث حول الاسس القانونية التي تتجاوب مع مكافحة الارهاب دون التعرض للمبادئ والقيم الديمقراطية. كما تطرح التناقض الموجود ما بين مفهومي الديمقراطية والارهاب. تتناول هذه الدراسة ايضا موضوعين حاليين ذات اهمية خاصة. يتطرق الاول الى انشاء المحكمة الخاصة بلبنان كأول محكمة ذات طابع دولي تنظر في قضايا الارهاب. فيما الثاني يشمل دراسة مقارنة حول الثورات الحاصلة في الدول العربية٬ تسلط الضوء على أهمية التحول الديمقراطي في مواجهة تصاعد الارهاب في المنطقة. كما وتعرض الرسالة دراسة حول مناهضة دول الشرق الأدنى للارهاب. اخيرا تطرح معايير للخروج من الديمقراطية « المقنعة » التي يفجرها الارهاب نحو ديمقراطية « فعلية » تزخر بالقانون
Duro, Valérie. "Les questions contemporaines se rapportant au génocide et aux modes de participation au crime de génocide : application à la question du Darfour." Mémoire, 2010. http://www.archipel.uqam.ca/3396/1/M11507.pdf.
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