Dissertations / Theses on the topic 'Justice pour mineurs – Administration – Protection'
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Lucas, Laure-Anne. "Les infractions commises entre mineurs." Tours, 2003. http://www.theses.fr/2003TOUR1001.
Full textThe lawmaker enacted different protective rules toward under age offenders and toward under age victims of crimes which appear to be not easily reconcilable. From a wider point of view, when penal rules are applied to offences between minors, it seams that the lawmaker set a presumption of consent between minors. Such presumption is not justified in all respects. Furthermore, the enforcement of criminal law to these crimes involves the pronouncing of sentences or even of increased sentences which cannot be justified when the two protagonists are under age. Although the enactment of special rules for minors may not be necessary, the generalization of the principle of special vulnerability would allow to take into account these crimes in a more appropriate manner and to give a proper response to these acts
Niget, David. "Jeunesses populaires sous le regard de la justice. Naissance du tribunal pour enfants à Angers et Montréal (1912-1940)." Angers, 2005. http://www.theses.fr/2005ANGE0007.
Full textAT THE BEGINNING OF THE XXth CENTURY, IN THE CONTEXT OF THE DEVELOPMENT OF THE SOCIAL STATE IN INDUSTRIALISED COUNTRIES, THE ISSUE OF NEGLECTED AND ABANDONED CHILDREN GAINED GROUND. BEYOND SUCH CONCEPTS AS "GUILTY" OR "VICIOUS" CHILDREN, SOCIAL ACTORS IN THE AREA OF JUVENILE DEVIANCE PUT FORWARD THE IDEA OF CHILDREN "IN MORAL DANGER", WHO ARE IN NEED OF PROTECTION. THIS WAS AT THE ROOT OF A SPECIFIC LEGAL ORIENTATION FOR JUVENILES, WHERE JUVENILE COURTS HELD A KEY POSITION. STATES GAVE THEMSELVES THE RIGHT TO INTERVENE IN FAMILIES, THUS FAR VIEWED AS SACROSANCT. FAMILIES FROM POPULAR CLASSES WERE REGARDED AS SOMETIMES FAILING TO FULFIL THEIR EDUCATIVE AND SOCIALISING ROLE. THIS NEW JUVENILE JUSTICE WAS AT THE ROOTS OF THE DECRIMINALISATION PROCESS OF JUVENILE DELINQUENCY, THE PSYCHO-EDUCATIVE APPROACH TO YOUNG OFFENDERS, AS WELL AS THE EDUCATIVE ASSISTANCE FOR FAMILIES CONSIDERED AS PROBLEMATIC - APPROACHES THAT ARE NOW HOTLY DEBATED ON WESTERN POLITICAL SCENES
Mérigeau, 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 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
Dubergé, Nicolas. "La spécialisation de la justice des mineurs est-elle toujours effective?" Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2040/document.
Full textThe child is a person at a development stage, vulnerable who must be protected. To complete this objective, the legislator chosen to build with 1945 February 2nd and 1958 December 23th ordinaries, a specialized justice system able to assure the safety of child at risk and educate juvenile delinquent In a law in perpetual movement, the objective of this research is to measure the contemporary influence of the specialized marker irrigating the construction of our juvenile justice system, both on plan of the jurisdictional organization and the procedure followed by all the jurisdictions The recent transformations of the French juvenile law and the evolution of various European systems of justice demonstrate it, the future of this mark is threatened because the wellfare model in which it expresses itself is in crisis. It undergoes the competition of one new paradigm which is trying to give more responsibilities to the child: the managerial justice. Aware of this reality, this one recently began a restoration which is again necessary to complete
Filippi, Jessica. "Droit pénal des mineurs et justice restaurative. Approche comparée franco-belge." Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2004.
Full textThis research focuses on the juvenile criminal law and restorative justice in a comparative approach between France and Belgium. Beyond revealing the similarities and differences of these countries in these fields, the research also carters to the difficulties encountered by France and Belgium in the acceptance of restorative justice in juvenile criminal law and its development in the judicial institutions. By studying the reasons that led France to miss the “turning” of restorative justice and those enabled, in Belgium enabled, the implementation of restorative justice in the criminal law for minors, anchor points have been identified for its development in the order of 2 February 1945. Subsequently, an experiment in youth justice service on the reparation measures was led considering difficulties which concern the service itself (actuarial logic, supervisory, financial, professional ideologies and fears). Our analysis of practices in the youth justice services on the reparation measures, reveals that the experimentation of restorative justice is limited by a managerial rationality treatment of juvenile criminal phenomenon. Also, some of the minor approaches and their implementation in the measure facilitate (psycho-criminological approach to acting out part and a psycho-socio-educational dimension in reparation) or inhibit (criminological approach to act itself and a retributive dimension in reparation) restorative justice programs. However, even if the practice facilitates experimentation and that educators apply “direct reparation”, ideological barriers remain in dealing with victims. However, it remains essential to underline that, thanks to the presentation of the principles and promises of restorative justice educators met, the identified pitfalls fall, mainly with the presence of the victim during the implementation of “direct reparation”. Such a development professional postures omen a harmonious integration of next restorative justice approaches in juvenile criminal law
Carlier, Bruno. "Sauvageons des villes, sauvageons aux champs : les prises en charges des enfants délinquants et abandonnés dans la Loire : 1850-1950." Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/carlier_b.
Full textIn the 19th century, difficult, delinquent, unruly children are a big concern. The department of Loire with its widely industrialised towns next to rural areas is obviously concerned. The courts and child welfare assist in the care of young people. But they also get help from the private sector. It's impossible to bring the laws into operation without the good will of the locals. Both private and public initiatives are welcomed. Most of the time, delinquents are put into custody, sometimes in a purposeful way though. Placement in families is quite frequent. After 1918 the intervention was specialised. The protection of children was reorganised around 1930. The private sector is perpetuated in order to act in a more rational way. This mixture of voluntary work and public action, of professionalism and informal structures will only end in the 1950s
Sallée, Nicolas. "Des éducateurs placés sous main de justice : les éducateurs de la protection judiciaire de la jeunesse entre droit pénal et savoirs sur l’homme." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100136/document.
Full textFollowing a double socio-historical and monographicpoint of view, this thesis tackles a sociological study of the profession as educator working for the Judicial Protection of Youth (Protection judiciaire de la jeunesse, PJJ). PJJ is an administration of the French Ministry of Justice applying the decisions taken by the juvenile courts. Educators working for PJJ are members of the State Civil Service. The profession therefore forms a “professional bureaucracy” (Mintzberg, 1982), whose professional mandate and aims are related to the founding political project of PJJ: participating in the development of a model of justice, in which the knowledge on the personality of individuals is a condition of their education. Here, we present a study on the genesis and the evolution of this professional bureaucracy from an analysis of the knowledge, in particular psychological knowledge, which helped to define the founding political project of PJJ and to legitimize the changes of this political project. As a first step, we enlighten from a socio-historical perspective the main intellectual, administrative and legal tensions, that arise from the history of PJJ, and provide its operational framework. Secondly, we analyze from a monographic perspective how educators deal with these tensions in practice. We use for this analysis a suite of observational fields: one open and one close educational institutions, and two juvenile detention centers. Our double point of view allows us to question the reconfiguration of the profession of PJJ’s educator, and to provide a bottom-up framework (i.e. from the field) to analyze the main transformations of juvenile justice in France
Passelègue-Delbarre, Stéphanie. "Le droit de l'enfance délinquante : de l'ordonnance du 2 février 1945 à la réforme attendue." Lyon 3, 2001. http://www.theses.fr/2001LYO33021.
Full textPleau, Alexandre. "Les effets de la judiciarisation sur l'implication parentale en protection de la jeunesse : perceptions des intervenants." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29609/29609.pdf.
Full textMagli, Mia. "Giustizia penale e protezione dei minori nell’Unione europea." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA005/document.
Full textToday children’s rights occupy an increasingly prominent place on the EU legal and policy agenda. The promotion and protection of the rights of the child is now an objective of the EU as set out in Article 3.3 of the Treaty on European Union. The rights of the child are also enshrined in the article 24 of the Charter of Fundamental Rights of the European Union. The EU has now many legislative documents and non-legislative acts related to children’s rights or that may have the potential to impact on children’s life. This Phd thesis analyzes the nature, scope and value of EU measures in relation to children in two main areas : child protection and juvenile criminal justice. It investigates if there is an added value of children’s rights at EU level and it also makes some suggestions to improve the promotion and protection of children’s rights in the EU
Al giorno d’oggi, i diritti dei minori occupano uno spazio sempre più importante nell’agenda giuridica e politica dell’Unione europea. Attualmente, infatti, la promozione dei diritti dei minori rappresenta un obiettivo dell’Unione, consacrato nell’articolo 3, par. 3, del Trattato sull’Unione europea. I diritti fondamentali dei minori sono poi sanciti esplicitamente nell’articolo 24 della Carta dei diritti fondamentali dell’UE. Oggi, l’Unione europea può disporre di numerosi strumenti normativi (e non) dedicati espressamente ai diritti dei fanciulli e tanti altri possono avere delle ripercussioni indirette sulla loro vita. La presente ricerca analizza, pertanto, la natura, la portata e il valore delle misure intraprese dall’UE in due settori principali : la protezione dei minori e la giustizia penale. Lo scopo della tesi è esaminare in che termini si possa parlare di un valore aggiunto della promozione dei diritti dei minori a livello UE, rispetto alle normative già in vigore a livello nazionale e internazionale. A partire da tale analisi, essa cerca di proporre nuove soluzioni per migliorare la promozione e la protezione dei diritti dei minori nell’Unione europea
Victorien, Sophie. "Jeunesses malheureuses, jeunesses dangeureuses : la prise en charge de l'enfance inadaptée par le secteur associatif en Seine-Maritime, 1945-milieu des années 1980." Rouen, 2009. http://www.theses.fr/2009ROUEL035.
Full textIn France, the Liberation is mainly characterized by the authorities' deep concern for juvenile delinquency and, more generally, for youngsters in difficulties ; which revealed the deep disturbances, and even the traumas, experienced by the French during the Second World War. Such an awareness resulted in a number of legislative decisions which favoured the primacy of educative solutions over repressive principles. As the country's finances were rather low at the time, the State had to resort to the support of the private sector, which had a long experience in the field and which rested on a web of networks that were quite ready to undertake such a programme. Now, the Seine-Inférieure, which suffered seriously from the war's repercussions, was also severely handicapped by the scarcity of shelters that could meet the variety of needs when it came to entertaining delinquent youngsters, who were definitely unsafe youngsters. Still, the French network of associations managed to catch up thanks to local figures in particular, who played a fundamental role in the boards of directors they belonged to. Throughout the period, institutions improved their methods and educational projects thanks to a better teacher training and because they opened up to other specialists working with children. Such a necessity for renewal was felt more and more acutely in the 1970s when associations were confronted to the evolution of the type of youngsters they welcomed, and to criticisms as regards the way they usually dealt with housing. Soon they also had to cope with financial cuttings as well as with decentralization, which actually changed the relationships between the State and the private sector that had evolved far from its first experimental years
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
Maalouf, Mirna. "La justice des mineurs délinquants en droit français et droit libanais." Paris 1, 2008. http://www.theses.fr/2008PA010278.
Full textHebbadj, Leila. "L’avenir du droit de l’enfance délinquante." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D015/document.
Full textThe French juvenile justice system isbased on a speciallawwhichwaswrittenin 1945. The first philosophy of thistextwas to protect and not onlypunish the juvenileoffenders. However, severalrecentlaws have changedthisphilosophy and the lisibility of the currentjuvenile justice system. Our thesis serve twopurposes. In one hand, wewant to demonstratethat the international and the constitutionalnorms about the juveniledeliquency have someweaknesseswhichexplain the current situation. We propose some solutions in order to reinforcethesesupremnorms. In the other hand, wepresentsome propositions and arguments about the future French juvenile justice system reform
Mettétal, Anne. "De la spécificité relative du proçès pénal du mineur." Montpellier 1, 2002. http://www.theses.fr/2002MON10072.
Full textFourlin, 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
Hatry, 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
Farcy-Callon, Léo. "En dedans et au-dehors : enquête en établissement fermé pour mineurs." Thesis, Rennes 2, 2020. http://www.theses.fr/2020REN20020.
Full textBased on an ethnographic survey in Custodial Institutions for Juveniles, this thesis aims to analyze a form of treatment of illegalisms through the scope of institutional experiences. Among other perspectives, the research focuses on the relationship between socio educational actors and juveniles, as a common experience in the context of professional practices and constrained environments. This work is based on a three years’ research achieved in a Custodial Education Facility (CEF) and in a Young Offender Institution (EPM). A review of official documents, observations and individual interviews are the main empirical sources. The sociological analysis reveals the tensions between the inside and outside, both in physical and symbolic sense, which influence the experience of actors. The institutions play a coercive role as much as they pursue an educational and pedagogical objective. This last principle is applied in order to ease coercion and to involve minors in their detention and their judicial process. To that end, the preservation of outward connections, the individualization of social care and the autonomy and empowerment of minors are at the center of interventions. However, results of the survey show how this process is scarcely reducing coercion. It may even create a form of control that also operates extramurally over minds, biographies, and juveniles’ environment
Djoman, Otangba Jean Philippe. "Expérimentation d'un dispositif de justice restaurative pour mineurs : les difficultés de l'implantation d'un nouveau modèle." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMC043.
Full textThis research describes and analyzes the process of implementing a restorative justice system within the juvenile justice system. The project is part of the general policy of the ministry of justice and particularly that of the Direction territorial de la protection judiciaire de la jeunesse (DTPJJ). He is one of the first to be experimented at the national level with the aim of holding restorative conferences, in face to face meetings between offenders and victims, accompanied by their relatives and in the presence of a facilitator or mediator. The expert appraisal involved two entities of the ministry of justice, the hight court of Caen and the Service territorial éducatif de milieu ouvert (STEMO) and three associations that are Association de contrôle judiciaire et médiation (ACJM), Centre d’informations sur les droits des femmes et des familles (CIDFF) which are victim support and Association de thérapie familiale et systémique (ATFS).The experiment was only able to stop at a single restorative conference between a young person who had broken into a school and the director of that school. It led to the conclusion of a repair plan proposed by minor and accepted by the victim then recorded in a report and validated by the mediator.The present work presents the lessons of an immersion through active participation in the various phases of the project from the signing of the initial protocol to the various review meeting of the process. This involvement based on the lessons learned from my previous participation in the program of restorative justice in Côte d’Ivoire allowed me to carry out an in depth ethnographic survey.After having located the socio-political issues related to the international implementation of practices of restorative justice and restituted the lessons of my Ivorian experience, I analyze the unfolding of the Caen experience in an open theoretical framework refered to the sociology of translation and economic of greatness.This set comes in my opinion to document the following question: Can one despite the delays and difficulties inherent in the establishment of a social innovation such as restorative justice bet on the beneficial effects of a mediated meeting between the protagonists of offense?
Jurmand, Jean-Pierre. "Le milieu ouvert. Construction d'un modèle social de la justice des mineurs en France (1890-1970)." Angers, 2012. http://www.theses.fr/2012ANGE0020.
Full textJaspart, Alice. "L'enfermement des mineurs poursuivis par la justice: ethnographie de trois institutions de la Communauté française." Doctoral thesis, Universite Libre de Bruxelles, 2010. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210127.
Full textC’est au regard de ces premiers constats que le projet de thèse de doctorat en criminologie, intitulée « L’enfermement des mineurs poursuivis par la justice. Ethnographie de trois institutions de la Communauté française », a vu le jour. Comprendre le fonctionnement des trois institutions d’enfermement en Communauté française en se basant sur une approche ethnographique paraissait pertinent.
La thèse s’articule autour de trois parties. La première pose le cadre historique et contemporain de l’enfermement en Belgique et présente un bilan critique (recension, synthèse et examen) des connaissances produites sur ces institutions en Communauté française. La seconde explicite les choix méthodologiques empruntés ainsi que les questionnements réflexifs qui se sont imposés durant les immersions. La troisième constitue le véritable cœur de la thèse et présente sept thématiques ressorties suite à l’analyse inductive du matériel d’immersion, suivant le cheminement dans l’enfermement et la progression dans le quotidien institutionnel :la structuration des espaces qui révèle la conception dichotomique de la vie communautaire s’y déroulant avec d’un côté les jeunes, de l’autre les professionnels ;la présentation des acteurs et de leurs modes de socialisation respectifs ;les différents temps du placement :un temps court cadenassé et un temps long qui se doit d’être libéré et rentabilisé ;les rapports entre intervenants et jeunes où l’observation réciproque permet aux uns d’assumer leurs fonctions officielles (sécuriser, éduquer, évaluer), aux autres d’apprendre à être observés et ce faisant de développer des processus de résistance « en coulisse » ;les ressorts de l’humour :rire « entre soi » « des autres » qui permet tantôt la cohésion, tantôt l’exclusion ;des parcours de placement qui mobilisent les équipes et révèlent les limites du régime fermé, les moments particuliers où les enjeux de l’enfermement se dévoilent et des embryons de confiance se décèlent loin du quotidien collectif, loin du regard « des siens » et « des autres ».
Dans cette perspective, les rapprochements entre les jeunes et les adultes, la confiance et le sens qui peuvent en découler pour les jeunes, s’observent particulièrement dans les interstices de l’enfermement, loin des normes rigides qui le gouvernent. Et il apparait que ce sont surtout les missions d’évaluation demandées par les autorités mandantes qui nuisent à la relation de confiance. Cette observation complexifie les réflexions scientifiques antérieures qui mettaient en évidence le caractère paradoxal des objectifs sécuritaires et éducatifs de ces institutions. Ce n’est pas uniquement le « duel » sécuriser / éduquer ou aider mais bien, le « triptyque » sécuriser / éduquer ou aider / évaluer et communiquer qui caractérise la « prise en charge » dans l’enfermement et qui mérite d’être davantage questionné et investigué.
Doctorat en Criminologie
info:eu-repo/semantics/nonPublished
Nene, Bi Arsène Désiré. "L’effectivité des droits de l’enfant en côte d'Ivoire : entre normes internationales et réalités locales." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3034.
Full textThe effectiveness of children’s rights in Ivory Coast is subject to a constant and fragile tension between the international standards that proclaim these rights and guarantee them and the local realities that are those of a developing country. In addition, for more than ten years, Ivory Coast has faced serious problems of political and social instability because of an armed crisis that has destabilized protection regimes in all areas where they previously existed. Could the situation of the protection of the rights of the child, mainly from international origin and placed under international control, escape this context? The thesis shows that the integration into Ivorian national law of international standards of protection through a wide participation of Ivory Coast in most instruments protecting both human rights in general and the rights of the child in particular, just as the national translation of these rights according to constitutional requirements into important legislation could give a sense of effectiveness. However, this feeling is fake. The effectiveness of these rights, when challenged by the realities of the country, falls under the weight of manifestations of violations as diverse as unacceptable. This is why measures for improved effectiveness are recommended. Their implementation could guarantee a better future for all children in Ivory Coast
Distler, Frédéric. "De l' injonction politique à la pratique des acteurs de la justice pénale des mineurs : entre action éducative et sanction de l'acte." Versailles-St Quentin en Yvelines, 2011. http://www.theses.fr/2011VERS002S.
Full textThe theme of the juvenile justice system is the subject of regular debates around its necessary reform. That justice would be inappropriate to a crime in progress quantitatively and qualitatively. But the order of 2 February 1945, often criticized and denounced by politicians in search of a broader electorate in the upcoming elections, has undergone several changes at the whim of social and political events. Thus, the evolution of public policy tends to tighten the frame of the penalty around the figure of the juvenile offender. This is direct judicial intervention and educational accountability around the young author. Understand the prohibited conduct to prevent the risk of recidivism has become the key policies and pieces of legislation recently passed. But the actors develop coping strategies of educational activities in a criminal, they resist the pressure safely
Viollet-Peix, Nicole. "La politique pénale du Parquet dans le traitement des mineurs délinquants : étude comparative entre la Belgique, l'Espagne et la France." Bordeaux 4, 1997. http://www.theses.fr/1997BOR40019.
Full textFor a few years, we have been attending an increasing interest demonstrated with reference o the part played by the public prosecutor in the treatment of juvenile delinquency on the national level as well as on the international one. Facing this movement and, its order to understand the meaning of it, evidently it has been very interesting to carry out a comparative study in this field on an european standard. We have noted the same increasing of the under-age public prosecutor's prerogatives in belgium and in spain and in france. Thanks to its strategic position within the penal procedure, it can be at the origin of a true education penal policy. Through this policy, deputy public prosecutors try to obtain a more and more interventionist roll in the processing of juvenile delinquency. Refusing to restrict themselves any longer to the mere function of carrying the cases or relinquish the proceedings, they wish to go further in the search for the meaning of the deed, set by the under-age in order to be able to bring him as good as possible answer. In that purpose, they have instituted different fittings of pursuit renunciations such as "mediation-redress", with this latest measure, the public prosecutor take up their position on the conflict-termination, which may not happen without giving rise to some critics from other judicial intervening parties and more especially from child-magistrates and from barristers. Besides these contestations, the development of the new roll played by the public prosecutor in the treatment of juvenile delinquency still remains dubious on the national field as well as on the european one. Indeed, the burden of compulsions to property and the variety of practices according to public prosecutors an as many bridles to the working out of european under-age public prosecutors common and coherent penal policy and cooperation between states still to improve
El, Maliki Abdallah. "Pratiques de la justice des mineurs et délinquance juvénile à Casablanca : contribution à l'étude du contrôle social des déviances juvéniles au Maroc." Toulouse 2, 1988. http://www.theses.fr/1988TOU20010.
Full textResearch on the practices displayed by the minor's justice in casablanca to come up to the demand aroused by its setting up in the fifties. After a theoretical view point that sets this research on the side of a social reaction criminology, the analysis let the environment characteristics of the minor's justice and its real means of intervention come to light. Then, the practices are being observed and analysed to the level of the court and release on probation : confrontation between court decisions (going through six hundred files concerning minor delinquents), arguments and suggestions of the decision to put on probation (going through 196 reports in these proceedings) faced with the social and criminal characteristics of the subjects. These analyses are lead from the complementary statistical methods. This research gives prominence to the rationality of these practices that refer to a fonctioning logic of an organization in the way of getting adapted to
Lin, 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
Cardi, Coline. "La déviance des femmes : délinquantes et mauvaises mères : entre prison, justice et travail social." Paris 7, 2008. http://www.theses.fr/2008PA070058.
Full textUsing sex and gender categories to analyse social control, this study sheds light on women's deviance. In France, very few sociological studies have tackled deviance from the perspective of gender. The fïeld work concerns numerous institutions of social control: women's prisons, juvenile justice (educational and penal enforcement), classical and new structures of social work with families (a maternal center and an association for family therapy). Interviews with professionals and deviant women (semi-directive and biographical interviews), observations of practices and qualitative and quantitative analyses of personal files have contributed to drawing a cartography of women's social control. Such a transversal approach shows that social control is strongly gendered, especially in relation to parapenal institutions which differentiate male and female deviance. Two women's characters corne out: the offender and the bad mother. The offender deviates from the law as well as from the gender roles. The bad mother is specifically gendered. Parapenal institutions that supposedly bring protection and surveillance to lower class women are indeed assigning them a family role. In order to understand women's deviance, social control needs a larger approach which includes penal and parapenal structures as well as informal controls
Loteteka, Jackie Botimela. "La socialisation juridique des mineurs de justice par un droit de repères : Une expérience d'intermédiation culturelle au Tribunal pour enfants de Paris." Paris 1, 2012. http://www.theses.fr/2012PA010324.
Full textJamet, Ludovic. "Le mineur et ses dossiers judiciaires : étude sur le traitement institutionnel de la délinquance juvénile et les vicissitudes de sa prise en charge." Rouen, 2009. http://www.theses.fr/2009ROUEL008.
Full textVuattoux, Arthur. "Genre et rapports de pouvoir dans l'institution judiciaire : Enquête sur le traitement institutionnel des déviances adolescentes par la justice pénale et civile dans la France contemporaine." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD002/document.
Full textGoal: The present work aims at analyzing the institutional treatment of adolescent deviances within the juvenile justice system, based on approaches of gender and other power relations. Our main objectives are to highlight the gender-related scripts and expectations that occur in the justice system and to describe the context in which they have been produced, reproduced and legitimated by youth control institutions. Beyond gender norms, this work deepens the understanding of how multiple social norms (related to class, race and age) impact both judicial processes and institutional careers of teenagers (boys and girls) going through the justice system. Method: A one-year ethnographic survey was conducted in a French juvenile court in Créteil, complemented with a 2-month survey in the juvenile court of Paris. Judicial records in criminal (n=133) as well as civil (n=95) proceedings were analyzed, public hearings were attended and finally both semi-directive and focus group interviews with juvenile justice agents were carried out. Findings: The study of judicial records shows the existence of a differential treatment between boys and girls. In criminal proceedings, the sentencing of girls relies notably more on care and infrapenal control than the sentencing of boys, whose vulnerabilities weigh not as much. In civil proceedings, some similar patterns were observed, although not as pronounced. The in-depth analysis of records shows the permeability of sentencing to social norms linked to social position, racial identity and age categories. Conclusion: This research documents the way the judicial institution organizes the trajectory of teenagers facing the justice system, and helps to understand the mechanisms of institutional production, reproduction and legitimation of gender norms. The norms passed on by the institutions were found to be linked to other power relations, which, in turn, influence judicial processes, such as class, race or age relationships. Therefore, it is necessary to implement an intersectional sociological approach of the State’s actions and to criticize the legal universalism claimed by social control institutions
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
Yohou, Nalialy Mathieu. "L'analyse du phénomène d'inadaptation sociale des enfants lié à la pauvreté des parents." Montpellier 1, 2008. http://www.theses.fr/2008MON10003.
Full textFaval, Joseph François. "L' évolution du droit pénal des mineurs en droit comparé : droit français et droit syrien : Contribution à la théorie générale de la responsabilité pénale." Paris 2, 2006. http://www.theses.fr/2006PA020005.
Full textNicolet, Sandra Véronique Christel. "L' abus de dépendance économique en droit des affaires." Montpellier 1, 2008. http://www.theses.fr/2008MON10006.
Full textBugnon, Géraldine. "Gouverner par la liberté : normalisation des subjectivités et contrôle contractuel dans la mesure de Liberté Assistée au Brésil." Thesis, Lille 1, 2014. http://www.theses.fr/2014LIL12014/document.
Full textThis research aims to understand the features of the government of juvenile delinquency specific to non-custodial sentences. Our work tackles these questions through the analysis of a particular institution, the Assisted Freedom program (Liberdade Assistida), in two different Brazilian cities (Rio de Janeiro and Belo Horizonte). The investigation focuses on the professional practices, how they take place in a broader urban and institutional context, and the interactions with the young offenders submitted to the program. Our analysis shows that this kind of institutional apparatus rests upon specific instruments of normalization and control, enacted in the verbal interactions between youths and professionals (promotion of reflexivity, demands of justification, threats). The youths’ compliance with institutional expectations therefore depends on their ability to produce an understandable and coherent discourse in the eyes of the institution. Moreover, surveillance in the Assisted Freedom program is discontinuous, often delegated to other actors and institutions and to the young offenders themselves, who are required to exercise self-control in their daily lives. Lastly, our analysis shows that control is individualized and negotiable: control over the youths who meet institutional expectations is more continuous, but also more negotiable, while the most recalcitrant young people will experience more sporadic but also more repressive forms of control
Iritie, Naye Dominique. "Le traitement institutionnel de la délinquance des jeunes filles mineures en France : une différenciation de genre ?" Thesis, Rennes 2, 2019. http://www.theses.fr/2019REN20014/document.
Full textThe theoretical framework of this dissertation is at the crossroads of the sociology of juvenile delinquency, social control and gender. Its aim is to identify public institutions’ responses to the delinquency of minor girls. The research method consisted in a field study in the urban area of Grenoble, including police station, courthouse, educative and judiciary services (UEMO Nord and EPEI Corenc of PJJ). Observations and interviews have been made with various professionals within the juvenile criminal justice system (police officers, youth workers and juvenile court judges). Results show an overprotection process of girls. Indeed, they are selected upstream as "minors at risk" by the civil justice (child protection proceedings) and, in the criminal system, they are maintained in institutional homes. Gender-based representations stem out of our investigations, spreading throughout the juvenile criminal justice system. Hence the general background of the criminal selection of juvenile girls appears as "gendered" and reinforces the figures of fragile girls to be protected and dangerous boys requiring correctional action
Peyrot, Angelique. "Le rapprochement du droit pénal des mineurs et des majeurs." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1056.
Full textJuvenile delinquency problem, far from being the sole issue of law professionals, has become a widely debated topic throughout the entire society. Such interest in the issue takes its roots in the delinquency's evolution, broadly on the rise, with ever younger criminals. Given the phenomenon, the lawmaker has moved towards a harsher approach in 2002, and the various laws have been toughening since then, especially those concerning young people aged between 16 and 18 year old. The consequence is that the body of law applicable to young people looks increasingly similar to that one applicable to adults, despite the solemn statement issued by the Constitutional Council the same year. This statement explains that there is a ground principle deduced from the laws of the Republic, recognizing the specificity of juvenile delinquency laws. It is however interesting to reflect on the true scope of this formal closening, which seems to happen to little or no avail. The issue is even more relevant with the changes in the criminal justice approach advocated by the new secretary of Justice since 2012, who is currently initiating a reform on the body of law applicable to young people, aiming at favoring education over repression
Montoir, Carmen. "Les principes supérieurs du droit pénal des mineurs délinquants." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020028/document.
Full textFollowing one decade of continuous reforms of the juvenile offenders penal law and while a global recast of the matter is considered, it appears important to question the superior principles governing it. Despite its original crystallization, starting in 2002, through the original mechanism of fundamental principle recognized by Republic Law, and its protection by some international tools, the autonomy of the juvenile justice is still currently questionable. On the substantial side, juvenile justice is based on principles, recognized as superior, of answer’s adaptation to the educational and moral restoring of the juvenile and sentence mit igation, which appear nearly absolute. On the other hand discernment has not benefited from an explicit consecration of its paramount status. It is even challenged by the age arbitrary criteria despite the fact that this condition is a cardinal preliminary for penal responsibility determination. On the procedural side, notwithstanding their supra-legislative guarantee, specialized jurisdictions so as requirement for appropriate procedures, regularly inflected, seems dedicated to relativity. Constitutional Council, both matter constituent and guarantor, has been very often invited to determine unreachable limits and to protect the unalterable core. Based on this core’ identification and assessment, this work intend to demonstrate that malleability of the form principles of juvenile offender penal law allows by-pass of background principles immutability, governing this one
Nuq, Amélie. "La rééducation des jeunes déviants dans les maisons de redressement de l’Espagne franquiste (1939-1975)." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM3068/document.
Full textThis dissertation analyzes the fate of children and teenagers sent to Spanish reformatory schools between 1939 and 1975. It compares the official norm of youth deviance produced by Franco's state with the actual treatment of minors in three institutions: the Asilo Durán in Barcelona, the Colonia San Vicente Ferrer in Valencia and, to a lesser extent, the Casa tutelar San Francisco de Paula in Sevilla. The turbulent history of reformatorios and their antiquated methods reflect the failings of the Spanish State (structural lack of means, strong influence of the Catholic Church). The study of laws shows that Francoism innovates very little in the field of youth deviance management. It merely abrogates the limited reforms of the Republican era and reactivates the policy implemented under the Primo de Rivera Dictatorship. The inmates of reformatory schools are incarcerated for two main motives: theft and indiscipline. They are not from traditional working class neighborhoods: social frailty and related deviant behaviors are rather caused by the loss of roots due to the war and the deep mutations of Spanish society. Children of “reds” only accounted for a minority of inmates of the Asilo Durán and of the Colonia San Vicente Ferrer. Reformatorios are nevertheless a component of the policy of repression, social control and charity set up by Franco's dictatorship with the support of the Catholic Church
Senécal, Cimon. "L'incorporation des objectifs de dissuasion et de dénonciation en droit pénal canadien pour adolescents : compatibilité et constitutionnalité." Master's thesis, Université Laval, 2012. http://hdl.handle.net/20.500.11794/23233.
Full textKasongo, Lukoji Ghislain. "Essai sur la construction d'un droit pénal des mineurs en R.D. Congo à la lumière du droit comparé : approches lege lata et lege feranda." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0278/document.
Full textThe Republic democratic of Congo has inherited from Belgium a guardianship children’s system crystallized by the decree of 1950 on delinquent childhood, which was criticized for being inadequate to the Congolese societal realities. However, this text remained in force until 2009, when the country adopted a juvenal protection act (JPA). This text will have the merit of addressing almost all legal issues relating to children; but its main weakness remains the lack of clarity, coherence, and global vision. This law has indeed a legal imbroglio which emerges both at the level of primary and secondary criminalization. While its title suggests the continuity of the tutelary model, its content reveals an alignment with the Malian children’s protection act of 2002, which, on the criminal level, is influenced by the French system more oriented towards repression. While some authors continue to support an absolute criminal irresponsibility of the minor, the JPA uses some concepts which contradicts this approach. Therefore, the present study has proposed a criminal and critical reading based on a systemic, coherent and contextual approach to the juvenile offender while referring to both customary and comparative law (French and Belgian). This study demonstrates the autonomy of Congolese criminal law on minors
Périssol, Guillaume. "Le droit chemin. Jeunes délinquants en France et aux États-Unis au milieu du XXe siècle." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL055.
Full textThe quality of mercy is not strain'd, It droppeth as the gentle rain from heaven.” This Shakespeare quote was still used in the 1950s as the motto of the Boston Juvenile Court. It tended to replace the traditional repressive function of the law by an ideological function expressed by love. The American juvenile court model, highly imbued with the ideal of compassion and rehabilitation, had had a worldwide success since 1899, when the first juvenile court was created in Chicago. What lies behind the progressivism of the juvenile courts and the “judicial neohumanism” praised by Judge Jean Chazal after the 1945 law which heralded the veritable birth of juvenile courts in France? What signification can we give to the very rapid success of juvenile courts in the United States, Europe and throughout the world?The comparison between two interconnected Western countries can help answer these questions, while filling a historiographical gap, in order to better understand the juvenile justice system and the phenomenon of juvenile delinquency. The post-WW2 period is most pertinent for analysis, as acute questions concerning authority and education were being raised amid international delinquency panics. The study takes place in an innovative and interdisciplinary field, where youth history intersects with the history of justice and control. It is qualitative and quantitative, and is based on new archival material, such as the case files of the Boston Juvenile Court and the Seine Juvenile Court in Paris
Zoubir, Camélia. "Spécificité du traitement de la délinquance juvénile des mineurs en droit comparé : étude comparée entre le Maroc et la France." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0120/document.
Full textThe purpose of this study is to highlight the debate on juvenile delinquency as well as the French and Moroccan judicial system set up to counteract this delinquency.Indeed, delinquency pursued by the police and sanctioned by justice is characterized by criminal law. When the law changes, the field of delinquency experiences oscillations and, consequently, the recording of criminal behavior as well. However, the growth of delinquency, and particularly that of minors, is analyzed according to its legal environment. In this movement and although juvenile delinquency evolves in the same proportions and to the same degree as that of adults and although it is sanctioned more severely, it requires special attention precisely because it is minors.Therefore, the role of juvenile justice should not be limited to repression alone. The latter must give itself the means to understand them to be able to act on what motivated them and to prevent any recurrence. Its mission must also have an "educational" and "preventive" role.Sanction and education have thus become two inseparable dimensions in the treatment of juvenile delinquency. And it is in this perspective that the French and Moroccan legislator tries to build a policy of treatment of juvenile delinquency while respecting the fragile legal personality of the minor
Golliard, Olivier. "L’État républicain et ses délinquants : Police et justice face à la « jeunesse irrégulière » de la Seine durant la crise des années 1930." Thesis, Paris 4, 2014. http://www.theses.fr/2014PA040144.
Full textWithin the overall framework of the beginning of the XXth century, young delinquents are the subject of great attention on the part of approved regulators such as the Municipal Police Department of Paris, the Court for Children and Adolescents. The issue that examines the crisis effects on delinquency is not only restricted to the economic field. It also questions social, political, legal and cultural history. Indeed, the Act of 22 July 1912 that creates the Courts for Children and Adolescents, reorganizes the repression of childhood delinquency which has its neighbourhoods and its own tort practices. From the heart of Paris to Saint Denis, juveline delinquency acts in different ways . In this Parisian area, all sorts of configurations are deployed which impact and influence petty theft. The research examines the role of every agent that gravitates around children under 21 years of age : policemen, judges, probation officers, parents, medical evaluators, criminologists, legal experts. This questioning arises while a protective childhood policy is taking place. In this context, the law of 1912 is applied with more or less effectiveness and means. The whole research raises the question of the government's role in integrating juvenile offenders into the Republic and society