Dissertations / Theses on the topic 'Justice pénale – Administration – Nigeria'
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Nkadji, Njeukam Lionel. "La peine de mort au Nigeria : sociohistoire d'une politique publique sécuritaire, 1804-2011." Amiens, 2012. http://www.theses.fr/2012AMIE0053.
Full textThis work entends to respond to an essential question concerning political power in Nigeria which is: who, in that country, is allowed to live and who should die, why and how? This essential question which could be rasied in every modem state reify the right of life and death over citizens possessed by public authorities for the sake of the social group conservation. The main thesis states that the way death penalty has been used in Nigeria challenges the weberian-hobbesian conception of political power. In order to present this contest, our analysis questions different factors (political, sociological and historical) that help to understand how death penalty has become a real public policy to fight what is considered as heinous crimes in Nigeria, with an extensive and intensive use of it
Mestrot, Michèle. "Action associative et justice pénale." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D027.
Full textWe are presently facing an imprecedented increase of the associations' interference into the penal justice administration. The effects of the interaction between associations and justice can be differently analysed. The associations, when taking hold of the conflicts' management formely devolved on the state power, expect that they can alter the static diagram of the punishment power. On the other hand, their insertion into the public service could tend to transform them into mere administration's tools. The final report is nevertheless more qualified. Of course, the associations suffer unieldingly a progressive institutionalisation but they nevertheless keep a specificity in relation with the public administration. As last, although not arguing about the static nature of the repressive justice, they cause and even carry out an institutional evolution which adorns the penal justice with a new legitimity
Wyvekens, Anne. "L'insertion locale de la justice pénale." Montpellier 1, 1992. http://www.theses.fr/1992MON10015.
Full textAt the cross-roads of the latest french policy of crime preventio and of the modernization of the judicial institution, penal justice is invited to open up to its local environnement. Using a twofold approach - historical and juridical study as well as the speach analysis of magistrates -, this thesis aims to shows the origins, difficulties and multiple possible implications of this "local integration of the penal justice"
Lhuillier, Julien. "La bonne administration de la Justice pénale en Europe." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0157.
Full textIn a European comparative perspective, a study of administration of Justice andassessment of its quality means to anticipate what an independent and democratic Justice should be in the XXIst century. By carrying out comparative exercises in this field, the Council of Europe - and namely the European Commission for the Efficiency of Justice - has created an assessment framework and an efficient network of pilot courts, which put the Commission's endeavors ahead of any similar works done by other organizations. The diversity of judicial systems that make part of the Council of Europe offers large possibilities for comparison, which allow sampling and categorizing of different States and elaboration of relevant quality indicators. In Europe, citizens and political classes criticize the circumstances under which Justice is rendered. However, in contrast with the past, the critique does not target specific decisions rendered in a particular case, but more so the administration of the case by the entire chain of the judicial mechanism. Quality indicators are proliferating, at risk of hindering the quality of Justice rendered. In order to give an adequate reply to new demands of the citizens, without infringing independence and quality of Justice, the European States should themselves assessthe quality of Justice administration and put this issue in the heart of the public debate. In the First part of the Study, the quest for fair administration of justice allows to identify certain quality indicators relating to different forms of independence and transparency of Justice. Also, it raises the question of the new place that should be conferred to the user of Justice during the process and the timeframes to which his case is subjected. The study shows that, in the end, the quest for fair administration of Justice has a great role to play in ensuring structural and ethical independence during selection and appointment of magistrates, as wellas during their entering into function and their exercise thereof. The different levelsconsidered - institutional, functional and personal - allow projecting possible ways ofevolution of the matter in Europe, including in France where the executive power still plays an important role. Reforms aiming at making Justice closer to the user are recommended: by promoting exchange between users and different partners of jurisdictions, it will become easier to define the place of the users within the Justice system, to provide an adequate 11 remedy to their problems and to make useful the time that they spent awaiting a decision on their case.In the Second part of the Study, the quest for fair administration of Justice allows to identify multiple qualitative and quantitative indicators, which relate to the case flow, to the costs, to the quality of the procedures, as well as to the financial means allocated to Justice. The last title of the study provides a synthesis and a tool for practical use: it applies the previously identified indicators to different fields of assessment and designates to every indicator the most pertinent assessment methods. The interest and the novelty of the present research reside in the comparison of the different Justice models, going beyond a purely conceptual, -architectural - approach of Justice administration and exploiting qualitative and quantitative criteria elaborated by Working Groups of international organizations. Fair administration of Justice is not only the Justice rendered and quantified by courts' activity reports. It also reflects the capacity of the Justice system to make accept and respect - by the judiciary, as well as by the public opinion - the common European criteria of "fair justice"
Exposito, Wilfrid. "La justice pénale et les interférences consensuelles." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/out/theses/2005_out_exposito_w.pdf.
Full textTraded law construction - Consensual law advent. Declension keep increasing, expressing a confrontation between traditional law and new law. Then, we can better understand the French criminal law ambiguity. Traditionally based on the trial, from now on, it can be sentenced out of this historical structure. Besides the trial avoidance, the new consensual proceedings enable to avoid a criminal sanction or to modify those words. Criminal law symbols disappear. It is the criminal law concept itself which has to be reconsidered. Does consent expression mean a change in the criminal law nature, in other words, a non repressive and a non coercive law? It does not seem that consensualism endorse such a transformation. At the very most, it generates some changes appearing as limited, and which only concerns the repressive system organization
Shepherd, James R. "Social inquiry reports : acquisition, mise en forme et utilisation de renseignements concernant le prévenu dans le système judiciaire anglais." Paris, EHESS, 1986. http://www.theses.fr/1986EHES0020.
Full textDe, Sousa Linck Valéria. "Nouvelles stratégies en politiques criminelles : l’expérience brésilienne." Paris 10, 2013. http://www.theses.fr/2013PA100143.
Full textThe new strategies in criminal policy for crime control and prevention are subject to several national and international restrictions in a context of recognition of new rights, increased illegalities, new forms of crime, new demands for social participation, changes in the role of the State, urgency, managerial effectiveness, flexibility, reflexivity and complexity. Under the normative constraints and practice demands of the current scenario of globalization, the new changes in criminal justice systems vis-à-vis human rights have evolved to a search for a restorative justice approach to criminal matters as a complement or an alternative to a traditional justice practices – hence the emergency of a consensual, bargained and restorative justice model, to combine the effectiveness of the criminal justice systems, the protection of individual rights (those of offenders, victims and the community) and the implementation of a restorative justice model in criminal matters has become the great challenge of justice systems in times of insecurity, danger and uncertainty. This challenge involves particularly the prosecution service, which has been at the heart of such changes in criminal justice as new strategies in crime control and reparative policies have arisen. In view of so many changes, the role of prosecutor’s office must be reexamined in light of the ongoing paradigm shift in criminal justice from an imposed order towards a consensual approach, a phenomenon that has reached both the Brazilian and the French criminal justice systems
Folly, Koffi Agbéménya. "La personnalité du délinquant dans la justice pénale au Togo." Toulouse 1, 1998. http://www.theses.fr/1998TOU10050.
Full textThe analysis of repressive measures and preventive actions on delinquency, that have been used in the past and are still applied today, make us to evaluate their effectiveness and suggest to improving them for a humanist crimiminal policy. Togo criminal law concentrates all its effort on the nature of the offence and the intention behind it. Surely, it does not neglect the motive for action nor the offender's personality. But there is no deep methodical study on the personality of the accused. As far as criminal court is concerned, magistrates are often reluctant to investigate on the personality. On the other hand, in criminal matter the system of repression gives room for morality investigation and a medical expert is asked to give an appreciation on the penal responsibility. The scantiness of means of personality investigation in penal justice in Togo ; the budgetary parsimony on one hand, the excessive traditionalism of penal and penitentiary system on the other hand, and finally the outcome routine are insurmountable obstacles for a serious clinical observation and sentencing according to the characteristics of the offender. The humanism which should guide the penal justice in future must lead to a double choice - going beyond a surface repressive politics to deal with the evil thoroughly. It should be needed to give a legal character to the file on the personality of adult offenders. Thus in the pronouncement of the sentence, the judge should conciliate the penalty with the offender's particular qualities and the offence he performed. - thinking out again the old chorus of the penitentiary question " punish and amend " by contributing to the development of potentiality of individuals on remand. This should remain human in its structure as well as in the scheme applied to it. Moreover, the post- penal task is one of the best factors to prevent delinquency. We should then admit to develop and support it with all the necessary strength
Yao, Eloi Kouakou. "La justice pénale des mineurs en France et en Côte d'Ivoire." Montpellier 1, 2001. http://www.theses.fr/2001MON10013.
Full textThe penal justice of the minors in France is based on the saving in a legal text : the ordinance of february 2, 1945. The legislator of Ivory Coast, very attentive with the evolution of French right also took as a starting point with text to work out the essence of his legislation relating to delinquent childhood. In addition, the principles stated by the ordinance of 1945 made it possible to guilty minor of infringement to profit from a relatively flexible penal statute. At the same time, set up themselves the mecanisms of diversified and individualized assumption of responsability, in particular in France. But, this characteristic of the justice of the minors undergoes todays the counterweight of return of penal repression
Eddadsi, Bouchra. "La certitude de la sanction pénale." Nice, 2010. http://www.theses.fr/2010NICE0040.
Full textLudwiczak, Franck. "Les procédures alternatives aux poursuites : une autre justice pénale." Lille 2, 2006. http://www.theses.fr/2006LIL20020.
Full textThe alternate proceedings to take a legal action result from a triple movement of creation, establishement and promotion by the process low-maker who wants, at the beginning, to clear the repressive courts. Their new place in criminal proceedings give to offended victim an important place, macking up the harm that has been done. On the other hand, they contribute to society safeguard, in fighting off trouble against low and order. These alternate proceedings can be filed in two categories, depending on whether their aim is the curbing by the applying of a penalty near equal to the sentence, or whether they want to fight off the trouble against victim. . Their expansion tend to a deeper transfer of the low and order nation. The principle of the opportunity to take a legal action, agree to the public prosecutor's department to apply an early sanction. It is the public prosecutor's department who orders to take private interest into accountn to broad sense, by the obligation to repair. By this way, a vast number of instituted proceedings cover the hole justice missions and especially, fighting against the repetition of criminal behaviours. At this time this notion allows to observe an alternate proceedings organisation into a system, contributing to the birh of an other criminal justice
Herzog, Tamar. "La Justice pénale à Quito : 1650-1750 : l'administration comme phénomène social." Paris, EHESS, 1994. http://www.theses.fr/1994EHES0033.
Full textIsokun, M. I. "Administration of justice : a study of the Nigerian systems of justice in Bendel State, Nigeria." Thesis, Swansea University, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.637378.
Full textTouré, Aminata. "L'influence des nouvelles technologies dans l'administration de la justice pénale." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1081.
Full textAs a result of a will to modernize and rationalize the legal institution, the use of new technologies in criminal courts administration is increasing. Nowadays, those tools of communication, information, and management represent essential ways of evolution of justice, at the heart of its performance. They imply an unprecedented change for an institution marked by a certain traditionalism. Related to judicial, symbolic, human and managerial aspects of the legal intervention, the emergence of digital is paving the way of (characterizing) the criminal justice in the XXI century. Inexorably, the formalism characterizing the justice moment, procedural or ritualized, is going through deep changes. Sometimes those changes are distorting the cultural founding of criminal justice. Between bad influence and beneficial renewal, the inputs of these judicial work tools are characterized by ambivalence. The obstinate opposition is inadequate. As the thoughtless modernism to optimize the institution tools, is to proscribe. The regulation of the tools’ practice, which is even involved in the content of the justice decision, is a necessity to ensure a smooth evolution. In order to avoid a denaturation of the legal intervention, a real integration processs of new technologies should be established, mixing ethical, legal and institutional considerations. In that way, this technological transition will be helping to legitimate the criminal justice, still affected by a functional and trust crisis
Kim, Taek Su. "Le recours à la force par un agent de la force publique : étude de droit français et coréen-du-sud comparés." Nancy 2, 2003. http://www.theses.fr/2003NAN20004.
Full textAdamou, Moktar. "Les erreurs judiciaires en matière criminelle : contribution à une réforme de la justice criminelle au Bénin et en France." Dijon, 2009. http://www.theses.fr/2009DIJOD001.
Full textAubert, Laura. "La troisième voie : la justice pénale face à ses dilemmes." Doctoral thesis, Université Victor Segalen Bordeaux 2, Bordeaux, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/224214.
Full textDufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.
Full textHatry, Sarah. "Le principe constitutionnel d'autonomie de la justice pénale des mineurs." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0346/document.
Full textThe autonomy of the juvenile criminal justice is a fundamental rule of the French law rooted in the legislation and the republican principles. This rule is based on a protective and humanistic approach of the juvenile delinquency. However, it has not been sufficiently consolidated to date. This fact is evidenced by the process of “despecialisation” of the juvenile criminal justice and its rapprochement with the criminal justice system for adults, which started in 2002. Ways to realise a real constitutional consolidation of the principle of the autonomy of the juvenile criminal justice and to improve the specific constitutional protection of juvenile delinquents will be suggested
Imiera, Pius. "Developing a legal framework for state compensation of crime victims in Nigeria." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64611.
Full textThesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
Liddell, Éliane. "Le procès pénal aux États-Unis : démocratie, "due process of law" et justice ordinaire." Bordeaux 3, 2005. http://www.theses.fr/2005BOR30052.
Full textSince 2000 the United States has had the world's highest incarceration rate. American society has fostered a punitive culture. Violence and social unrest can no longer be considered an adequate explanation. Should the penal justice system be blamed ? This work examines the American criminal trial from a historical and cultural viewpoint, in order to isolate it from the surrounding morass of misrepresentations and to show its thoroughly democratic underpinnings. Here lies a curious paradox : at a time when the principles of the fair trial have been entrenched in penal law by supreme court jurisprudence over the period starting with the due process revolution, the American judicial system has never been prey to so much self-doubt and seemed so arbitrary, even oppressive. Although it is true that there has been some erosion in procedural due process since the early eighties, is this the principal cause of the deterioration ? We then aim to show that what is happening is rather the distortion of the workings of justice under the pressure of two joint forces : gradual national standardisation has given way to a vast retreat to much more local practices, and populist ultra-repressive policies have been unleashed with little opposition from constitutional safeguards. Supreme courts, instead of focusing on poorly-enforced and ever-more complicated procedural reforms, should first strive to put a stop to policies of mass imprisonment. Only then will the judicial institution recover its integrity
Senatore, Audrey. "Constitution française et Europe de la justice pénale : de la coopération policière et judiciaire au Parquet européen." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32088.
Full textThe emergence of an European penal justice would not be envisaged without the approval from the European Union member states through its Constitution. Thus, the Constitution of October 4th, 1958 must be considered as a basis for the development of the European judicial penal area in France. During a reception phase, the Constitution adapts itself to the law of the police and judicial cooperation in criminal matters. To that end, the constituent is brought to amend our fundamental Law, while the constitutional case law interpreters it in a constructive way. During a consolidation phase, the Constitutional Council and the judge of law participate in the construction of Europe for the criminal justice. The Parliament, in a lesser extent, also contributes to the development of a real area of freedom, security and justice. In the context of a new European integration phase, the constitutional limits and conditions of a possible European Public Prosecutor, needed to be analysed
Kunze-Somet, Armelle. "La réparation des erreurs judiciaires de 1789 à nos jours." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30014.
Full textJudicial error, since the sixteenth century, reveals all the interrogations brought about by the exercise of justice and the pursuit of fairness. It questions the jurist on the value of the penal system, on the fallibility of justice and on its capacity to be its own regulator. Also, the redress of this iniquity is constantly in search of a balance between such opposing imperatives as the authority of the final decision and the revision, the interest of the State and the rights of the individual, innocence and condemnation. The legislator tries to find a solution by allowing the person found guilty by error to prove his innocence by way of exceptional recourse of appeal and by acknowledging his right to financial and moral damages. The study of jurisprudence illustrates the manner in which the judicial system demonstrates the innocence of the victim of judicial error and how the system repairs the harmful consequences. Its helps to determine who its victim is and also testifies the poor nature of damages awarded and the modest nature of the means allocated
Congras, Isabelle. "La question d'un tribunal pénal international permanent." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32001.
Full textParesys, Isabelle. "Pardonner et punir : justice criminelle et construction de l'obéissance en Picardie et en Île-de-France sous François Ier." Paris 1, 1995. http://www.theses.fr/1995PA010668.
Full textThe rights to pardon to punish represent two forms of judicial power possessed by the king of France. The reign of Francis I was characterized by a legislative effort aiming to make criminal justice more efficient in order to reinforce royal authority. An old tradition, the pardoning of crimes by lettres of grace was not forsaken, even if these letters were hardly granted any longer, except to those who committed homicides. The numerous exculpatory letters accorded under this regime, which testify to the king's willingness to exercice his right to pardon, served to strengthen the links between the sovereign and his subjects. The first part of the thesis examines the mechanics of the judicial system under francis i and studies the ways in which the regime both pardoned and repressed crimes in Picardy and Ile-de-France. The second part of study centers on the methods used to pardon homicides, paying particular attention both to authors of crimes and to the acts of aggression that resulted in brawls. Here, the study shows both criminals' accounts of crimes can be revelatory of man's relationship to time and space during the Renaissance. Moreover, the study discusses how the pardoned homicide casts light on the tensions and solidarities surronding honor (a privilege belonging not exclusively to gentlemen) and family lineages. The third part of this thesis goes on to examine the function of municipal justice, which strongly influenced both civil and criminal affairs in Amiens during the first part of the sixteenth-century. Repression varied not only according to patterns that were similar to those found in the large cities of neighboring low-countries, but also according to the economic and social conditions which slowly deteriorated over time. Urban magistrates still preferred to fine delinquants and permit them to reintegrate themselves into the social fabric, saving harsh punishments for incorrigible criminals
Nervé, Frédéric. "Essai sur la déjudiciarisation en droit civil." Limoges, 2013. http://www.theses.fr/2013LIMO1007.
Full textThe justice system is struggling to cope. This easy observation, made many times before, requires us to find solutions to fluidify the processing of legal cases. The aim of this thesis is to study one of these solutions from a civil law point of view : the déjudiciarisation. This new mechanism of a common body of law, which is distinct from alternative dispute resolution, presents numerous remarkable aspects which impose a systematic study of the phenomenon. The heterogeneousness of the déjudiciarisation, first of all, can only draw the attention of the informed jurist. Déformalisation, déjuridictionnalisation and déjudiciarisation in the strict sense compose a set which, due to a gradual structure, allows an adaptation of the process of déjudiciarisation to the majority of the civil law. The mandate of the future protection, the contract of personalized social support or even the new modalities of the sharing are so many illustrations of the application of this innovative mechanism. The requirements of the déjudiciarisation, then, constitute an essential point of reflection. Indeed, the generalization of this procedural tendency can be made only if the new procedures offer a legal level of safety equivalent to that of legal proceedings. So, to reassure the users of the public service that is justice system, guarantees attached to the rignt to a fair trial will have to find their place in this new procedural corpus
Aboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Full text« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Hamani, Oumarou. "Les modes de régulation de l'appareil judiciaire Nigérien." Paris, EHESS, 2011. http://www.theses.fr/2011EHES0432.
Full textThe aim of this work is to identify the rules which determine the functionning of the justice og Niger, from two ethnographical grounds: Niamey and Zinder. Three main questions are of use as vital leads to this research: how to do the formal rules insure the regularity of the functionning of the justice, how the professional of the justice, in particular the magistrates, react in front of the application of the professional rules, rules, and finally which process of negotiation of rules appears from this interaction? Particularly, it is a question of seeing the way its official rules are mobilized, produced, treated, transformed to the everyday life within the framework of the delivery of the justice public service. The rules of functioning of the justice are not strictly respected, these are combined with unofficial rules. Frthermore, in fornt of the incapacity of the state to assign the resources necessary for the functioning of the justice, the actors resort outside of the justice to mobilize non-state resources. The appeal to the informal in the justice maintians this segment of the State in working order, at the same time as it contributes to make it dependent towards the non-state actors
Antoniou, Dimitrios. "La justice pénale en Grèce sous la monarchie absolue (1833-1843)." Paris, EHESS, 2016. http://www.theses.fr/2016EHES0082.
Full textThis doctoral dissertation examines the formation and the actual functioning of the penal justice system in Greece during the era of absolute monarchy, from 1833, when the new king Otto arrives in the recently liberated country, to 1843, when a military revolt forces him to promulgate a constitution. The main argument of this thesis is that the new regime makes a considerable effort to establish new institutions, based on the European model, and subsequently to take control of the territory and the populations, in order to access to the monopoly of legitimate violence. The first part of this work deals with the crime and the deviance. Our approach focuses on the relations between the state and its subjects, on the perceptions of crime, both official and popular, on the survival of traditional modes of resolution of disputes, on special cases of endemic violence, such as the brigandage, and on the extraordinary military of which makes use the state power so as to eradicate violence. The second part deals with the formation of the creation of the new judicial instances, the introduction of a new coherent legislation as well as with the formation, the composition and the evolution of the judiciary. Finally, the third and last part examines the functioning of the legal institutions, with a special focus on the nature of the penalties and the application of the sentences, the creation of some elementary penitentiary institutions and the application of the death penalty
Drugeon, Laurent. "La réforme de la justice pénale avant la mise en place du jury." Paris 2, 2004. http://www.theses.fr/2004PA020085.
Full textMeier, Marsella Carole. "L'effectivité du processus répressif dans le traitement de la cybercriminalité (enquête sur le système judiciaire français)." Paris 2, 2005. http://www.theses.fr/2005PA020021.
Full textNober, Ophélie. "L'encadrement du raisonnement du juge des faits au sein du procès pénal." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27461.
Full textLin, Shih-Chin. "Les principes directeurs de la justice pénale des mineurs délinquants." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0612/document.
Full textSince the seventeenth and eighteenth centuries, the minor is considered as an "adult-to-be with special needs". Thus appears the concept of minority. This concept influences the construction of criminal justice for juvenile delinquents by calling, like common law, a set of guiding principles that correspond to the minority and aim at the protection of minors. This justice is formed and functions on the basis of guiding principles. These thus constitute a rational block and bring out an autonomy independent of the criminal justice of the major delinquents. These guiding principles can be divided into two categories, one relating to the emergence of specific guiding principles and the other to the development of the common law guiding principles. We can classify the sources of these guiding principles into two categories. One concerns international law, the other domestic law. For the International source, we can evoke the Universal declaration of human rights and the International covenant on civil and political rights of December 16, 1966 without forgetting the International convention on the rights of the child of January 26 1990. With regard to the domestic source, the order of 2 February 1945 relating to juvenile delinquency is one, since the criminal justice of juvenile delinquents is currently based on this order. The case law of the Constitutional council is another domestic source
Guinchard, Audrey. "Les enjeux du pouvoir de répression en matière pénale : du modèle judiciaire à l'attraction d'un système unitaire." Lyon 3, 2001. http://www.theses.fr/2001LYO33023.
Full textBérard, Jean. "Les métamorphoses de la question pénale : les mouvements sociaux et la justice (1968-1983)." Paris 8, 2010. http://www.theses.fr/2010PA083811.
Full textThe purpose of this work is to study, within the penal field, the actions of social protest groups that came into being after May 1968. The dissertation describes how the links between criminal justice and social criticism undergo successive configurations both in the activist expression of protest and in the way political parties and authorities respond to it, between May 1968 and the early eighties. Central to the 1968-1971 period is the revolutionary aim, and the following question: how to assert minority claims in the context of a fight for the radical transformation of society? The 1972-1975 period is essentially the struggle led by autonomous minority groups against the manifestations of discipline. Its underlying question can be phrased as follows: should the minority fights against acts of discipline try to obtain reforms of the repressive apparatus? Essential to the 1975-1981 period is the political importance given by the State to the penal issue, taken from the angle of the question of insecurity. The underlying question is the following: is it possible fight in order for the State to take action in favor of minorities by reinforcing the penal system? By contrast with the seventies, the 1981-1984 period is characterized not so much by a line of opposition between the State and activist groups as by the way in which the left-wing government’s penal policy takes in the conflicts derived from the transformations of the activists’ positions. The dwindling hopes of social transformation leave the socialist government having to engage in a debate whose terms are inherited and revived by the Right it in order to put the Left on the defensive
Thareau, Aymeric. "La justice criminelle au XVIIIème siècle : l'exemple du Parlement de Provence." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32089.
Full textOn the one hand we have the criminal proceeding ; On the other hand we have offences and punishments : these are two very distinct notions, especially if we take into account the criminal justice rendered by the Provence’s high judicial court in the eighteenth century. This dichotomy is all the more necessary that the criminal proceeding was managed by a clear and precise juridical text which has had a certain juridical value : it is the 1670’s criminal order of Saint-Germain-en-Laye. Then contrariwise, offences and punishments that were judged by Aix’s magistrates were not based on a uniform juridical text. They have had to refer mostly to a doctrine finely worked by jurisconsults of that time as well as by the jurisprudence already established. In the criminal proceeding scope, the precision of the juridical texts prevents Aix’s magistrates of the eighteenth century of a too large freedom of judgement. The Provence’s high judicial court parliamentaries applyied the 1670’s criminal order of Saint-Germain-en-Laye meticulously ; they even showed a certain attentiveness in the implementation of the criminal proceeding and followed as much as the interpretation given by the jurisconsults than the terms of the juridical text itself
Al, Fawara Habis. "Les droits de la défense en procédure pénale : pour une évolution du droit jordanien à la lumière du droit français." Poitiers, 2009. http://www.theses.fr/2009POIT3001.
Full textThe study of the rights of the defense in penal procedure remains a topical question. They are an essential part of the penal procedure and the relevance reveals itself when the legislature tries to balance and reconcile two opposing values : the efficiency of repression, intended to protect the society, and the protection of the freedoms of the individual and the rights of the defense. In the constant search of this balance, the French legislature has shown an indisputable dynamism on the matter that has been influenced by the impulse of European law, jurisprudence, and doctrine. At the opposite end, the jordanien legislature has been unable to evolve past its legal heritage : the French Code of Criminal Instruction of 1808. It is in the light of the French law that this study aims at learning the lessons that are necessary for the evolution of the Jordanian penal procedure in terms of rights of the defense. The goals of this study is to understand the current state of the rights of the defense in Jordanian law and the changes which would be avisable to institute so as to achieve a better administration of the Jordanien penal justice system. Its approach will consist of establishing parallels, revealing similarities and differnces within each penal procedure
Richard, Hélène. "Être ou ne pas être encadré dans la communauté... La libération par réduction de peine suite à un emprisonnement dans une prison au Québec." Master's thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/26159.
Full textEl, Idrissi Abdelaziz. "Le droit à la sûreté : arrestation et détention arbitraire." Toulouse 1, 2005. http://www.theses.fr/2005TOU10013.
Full textThe right to security, as a fundamental element of individual liberty, is a principle of constitutional and international value. This right protects the individual against all arbitrary and illegal arrest and detention. Thus, the deprivation of liberty used in police investigations is justified by necessities linked to the smooth functioning of judicial enquiries and by the continuity of criminal proceedings. On the other hand, the maintenance of public order allows the administrative authority to take measures that are detrimental to individual liberty. In this context, the right to security ensures that the detention conforms to legal conditions. The disrespect of these precautions constitutes an abuse of power or of procedure. The judicial authority, guardian of individual liberty, should protect the right to securrity through real and effective monitoring of coercive powers entrusted to the police. The legislator provides for punitive, disciplinary and compensatory measures against officers holding judiciary functions possibly responsible for arbitrary arrest and detention. Criminal responsability poses the dilemna between, on the one hand, protection of their function and status and, on the other hand, the willingness to guarantee egalitarian and exemplary justice. In the same way, the disciplinary right guarantees the respect of the professional and ethical rules of each profession through sanctions whose effectiveness relies on the transparency and growth of the role of victims in the procedure. Finally, the state as guarantor of the operation of judiciary services take care of all the service faults and the personal faults commited by its officers without being able to carry out direct civil action against them. Furthermore, the refusal by the state to carry out recursive action against its officers at fault seems to be an excessive protection granted to them
Bernhard, Stéphane. "Les aspects subjectifs et virtuels du système pénal français." Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30019.
Full textLaw exists only through the acts which are laid down by judges, consequently subjectivity is present. And criminal law makes no exception to this postulate. This subjectivity will occur at all the stages of the criminal law procedure, whether in the implementation of the legal proceedings of the prosecutor or during the judgment itself. As for virtuality, this word may sound strange in criminal law, as it is the expression of a state kingly law. And yet, the public prosecutor’s department sometimes has to drop a case, not of its own free will, but because of the enormous amount of cases. This saturation occurs at any step of the criminal law procedure, and leads to very long judgement times and to uncertainty as to the execution of the penalties. Some of them will never be executed. Subjectivity and virtuality are linked to the huge workload of judges. A rise in financial means should help improve the situation, but money is not the only answer. One of the big challenges of criminal justice will probably be to restore the trust of citizens so that justice can be respected and recognized in spite of its relativity
Sayous, Benjamin. "La justice restaurative. Aspects criminologiques et processuels." Thesis, Pau, 2016. http://www.theses.fr/2016PAUU2011/document.
Full textThe law n° 2014-896 of August 15th 2014 on “Individualization of penalties and for strengthening the effectiveness of criminal sanctions” introduced in the Criminal Procedure Code restorative justice. From now on, it belongs to the socio-criminal responses proposed by the French criminal justice system to respond to the consequences and impact of the criminal phenomenon. Since October 1th 2014, the date of entry into force of the law, a “restorative justice measure” may be proposed to any victim or offender during every criminal procedure and at all stages of the proceedings. Inserted in the preliminary title of the Code of Criminal Procedure, subtitle II, entitled "About restorative justice", the possibility of such recourse to a restorative justice measure takes place among the great principles that define the criminal procedure and shows the French legislator ambition for restorative justice, which is presented as a possible answer to the criminal justice system current crisis. However, it raises the question of the place of restorative justice in this system, especially with regard to its concrete and practical institutionalization. The demonstration of the strong complementarity between restorative justice and criminal justice to create a criminal justice system that fully meets the expectations of victims and offenders pleads in favour of a joint implementation of legal measures from these two models of justice. This can lead to a system, based on a joint application of restorative justice and criminal justice, and permitting differential treatment, both of the criminal conflict and of the criminological and legal needs of individuals. This approach, put into perspective with the emerging program initiatives in France, has the advantage of not requiring major changes to the criminal justice system. It involves the construction of a local offer of restorative justice, complete and fully available, structured by coordinating bodies from the parternership the offer is based on.. This approach is currently visible at the local level, through the creation of Restorative Justice Regional Services (SRJR), as at the national level, through the actions of the French Institute for Restorative Justice (IFJR), with the main federations and administrations
Mélis-Maas, Stéphanie. "Pour un renouvellement de la notion d'action en justice." Metz, 2004. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2004/Melis_Maas_Stephanie_DMZ0403.pdf.
Full textLegal proceedings are the actions originating from a person who has locus stand and capacity to take part in the proceedings, aimed at bringing the case before a judge so that he or she may decide whether or not the claim is well-founded. The study of each of its constituent elements shows many inadequacies. The presence of the judge gives rise to many questions and weakens the legal proceedings. Indeed, only proceedings brought before a state jurisdiction are classified as legal proceedings and benefit from procedural guarantees. Under the term "fair trial", impartiality, independence, objections, publicity are essential guarantees for fair justice but which can only be found before state jurisdictions. The diversification of the methods of conflict resolution must appear in the renewed vision of the legal proceedings. And, if the guarantees of the fair trial are developed before state jurisdictions, an enduring process may emerge before the independent administrative authorities, arbitration and the alternative dispute resolution. Those subject to the jurisdiction of the courts will be able to choose the method which will best suit them and no longer according to the guarantees offered
Simmat-Durand, Laurence. "Orientation et sélection des affaires pénales : une approche quantitative de l'action du Parquet." Paris 1, 1994. http://www.theses.fr/1994PA010524.
Full textThe study of the public prosecutor's office practices allows a reflexion on the role and the present reasons for dismissals. The application of the expendiency principle is reduced to its real value, according to the weight of external conditions, mainly the processing depending on the origin of the case. The determinants for the decision will be examined according to four main directions: the type of offenses, the regularization, the gravity of the affair, some socio-demographic caracteristics of offenders and victims. This study examined a representative sample of all entries in a public prosecutor's office of paris area. 1,300 affairs have been examined of which 83% were dismissals. The court district studied reached a 56% of decisions operated without the case being examined by a magistrate: they are purely routine action (essentially unelucidated tehfts) and the prosecution was not feasible in fact
Soman, Alfred. "Sorcellerie, justice criminelle et société en France à l'époque moderne." Paris 4, 1993. http://www.theses.fr/1993PA040081.
Full textThe rediscovery of the prison records of the Conciergerie du Palais (at the archives of the prefecture of police) led to the first major piece of serial research in the criminal archives of the parliament of Paris, from 1565 to 1670. The original field of study was extended by samples to include the whole of the early-modern period (1540-1789). By focusing attention on the most serious crimes it was possible to replace the notorious witchcraft trials in their historical context, stripped of the legends which have surrounded them for more than three centuries. Certain key developments in criminal jurisprudence have also become clear, for example, the establishment of a system of automatic appeal long before it appeared for the first time in royal legislation in 1670. Likewise, it can be seen that torture lost its central role in judicial procedure as early as the beginning of the sixteenth century. We are therefore able to understand the evolution of a centralized administration of criminal justice: one of the most successful institutions of Ancien Regime France
Singer, Kate. "Aboriginal injustice, a Canadian reponsibility : an Algonquian perspective of Canada's criminal justice system." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63368.pdf.
Full textMérigeau, Martine. "La justice pénale des mineurs en République Fédérale d'Allemagne : évaluation du compromis entre le pénal et l'éducatif." Bordeaux 1, 1988. http://www.theses.fr/1988BOR1D013.
Full textGeninet, Béatrice. "Etude critique de la personnalisation de la peine." Paris 1, 2000. http://www.theses.fr/2000PA010327.
Full textBenech-Le, Roux Patricia. "Sociologie des rôles de l'avocat sur la scène pénale des mineurs." Versailles-St Quentin en Yvelines, 2004. http://www.theses.fr/2004VERS004S.
Full textUntil recently, the lawyer played a secondary part on the penal scene of the minors. Since the 1990’s, this actor undertook to invest this scene by creating associations of defence specialized in the minors in order to improve this practice judged of poor quality. To gain a professional legitimacy, these lawyers undertook to renovate the system of officially appointed lawyers for the minors, to organize on duty lawyers near the juvenile courts and to give free legal consultations for the minors. Especially, they posed the obligation of the follow-up of a specialized training on which rests some claims of specialization. Lastly, the defence of the minors being hardly defined, these lawyers have room for manoeuvre to develop their role, oscillating between an educational defence focused on the educational interest of the minor and a technical defence focused on the avoidance of the sanction
Fourlin, Samuel. "Réponses institutionnelles à la délinquance des mineurs." Toulouse 1, 2009. http://www.theses.fr/2009TOU10040.
Full textThe question of responses to juvenile delinquency seemed sensible throughout the construction of contemporary law. Sometimes regarded as a miniature adult now as an adult in the making, the juvenile offender faces, throughout history, a legislative system that reflects the image more or less benevolent that our society deals with it. At the end of the Second World War, when it's necessary first to reconstruct the country, France has chosen an open system of responses, oriented toward safeguarding the future of the juvenile offender. What is needed is focus on recovery and moral education of minors, to make him "healthy". The legislature decides to extend a movement started in 1912 with the Order of February 2, 1945. It modernizes and relaxes legislation, which was the first step in a criminal law "under" for minors who had replaced the repressive measures by measures of education and rehabilitation. This order builds a specific right and fixe some other basic principles such as the primacy of education on law enforcement and the specialization. However, gradually the image of the child, let alone that of the child offender changes. On the basis of an "adultmorphism" the juvenile criminal law is transformed and is undergoing a transformation of its legal and proper responses. The positive system of 1945 gives way to a criminal policy and legislative stricter sanctioning deviant act consistently. Repression, isolation and remoteness seem to (re)become the predominant tool for juvenile justice
Duparc, Caroline. "Du rôle respectif du juge et des parties dans le procès pénal." Poitiers, 2002. http://www.theses.fr/2002POIT3017.
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