Dissertations / Theses on the topic 'Négligence (droit pénal)'
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Lorrain-Bertagna, Isabelle. "Le statut juridique des infractions d'imprudence et le droit pénal général." Nice, 1996. http://www.theses.fr/1996NICE0001.
Full textPonseille, Anne. "L'infraction de prévention en droit pénal français." Montpellier 1, 2001. http://www.theses.fr/2001MON10011.
Full textSlimani, Amina. "Les infractions non intentionnelles : étude comparée des droits français et marocain." Poitiers, 2010. http://www.theses.fr/2010POIT3015.
Full textThe comparative study of French and Moroccan Laws concerning non-intentional crimes is essential for several reasons. In addition to the historical relation that links the two countries, this study is important considering the marking evolution of the law treating the “imprudence” in French law since 1994. The will to decriminalise the simple mistakes mixes with that of over criminalise the serious negligences: like “moving violations”, or those harming the environment. On the other hand, if negligence monopolizes the attention of the French legislator, the situation is completely different in Moroccan law, something that opens the way to question its actual status and its eventual evolution. The Moroccan Penal code is almost an identical transcription of the French Penal code of 1810 even if it remains advanced in certain regards; i. E. The moral element and the criminal responsibility of moral persons. The Moroccan law is outpassed today, something that changes its relation with the French law from a relative proximity to an inevitable rupture. To apprehend the non-intentional crimes in Moroccan law, dissecting the texts and the legal decisions proves to be a fundamental path. The finality of this study is to determine if reforming the Moroccan law is necessary and if legal “acculturation” should persist in the field of imprudence. The French model must then be analyzed, by specifying its various upheavals, in order to note its strengths and its shortcomings. Assuming that an evolution of the Moroccan law is essential, the inspiration of the French law proves to be a tempting hypothesis. Moreover, the reform that the Moroccan Traffic code has introduced regarding the “moving violations” shows a remarkable influence of the law of June 12th, 2003 reinforcing the fight against traffic violence. However, the quest of Moroccan law for effectiveness and efficacy renders one sceptic about the interest of an integral transposition of the French reform as regards to non-intentional crimes
Azoulay, Avner. "La mise en danger d'autrui." Nice, 2004. http://www.theses.fr/2004NICE0063.
Full textSobo, François. "L'article 121-3 du code pénal." Poitiers, 2006. http://www.theses.fr/2006POIT3018.
Full textThe insertion of article 121-3 in the 1994 Criminal Code made it possible to put an end to the troubles that visibly reigned in the 1810 Code on one of the essential conditions of criminal liability: guilt. The new text had the advantage of stating for the first time clear-cut rules, opening the way to the construction of a general theory of guilt in French criminal law. Crimes necessarily, and offences in the most cases, need to be intentional; however, offences can, it the law foresees it, be a result of carelessness. The text wasn’t clear as the nature of the fault in minor offences, but these too require carelessness. Recognition of recklessness conveyed the will of legislators of the ‘new’ code to adapt the French conception of the notion of guilt to whole range of criminal conducts, thereby reacting to the need to punish negligence more fairly. Nonetheless, the hurried successive reforms of this text by the laws of 13th May 1996 and 10th July 2000, as a result of media and political pressure form mayors, seemed to have lost sight of initial aim of making clear rationalising criminal legislation in France. Far from clarifying the notion of offences of negligence, these reforms made the issue of carelessness even more fuzzy and confusing. The current version of article 121-3 accumulates all the shortcomings of today’s legislation: too unstable, too complex and a source of legal insecurity
Lefebvre, Jo-Anne. "La mise en danger d'autrui en droit pénal : perception et mise en oeuvre du concept de mise en danger dans le nouveau Code pénal à travers le cas de la mise en danger d'autrui." Paris 2, 2009. http://www.theses.fr/2009PA020046.
Full textRobaczewski, Corinne. "Le rôle de la faute antérieure en matière de responsabilité pénale." Lille 2, 2002. http://www.theses.fr/2002LIL20007.
Full textThe objective of the thesis is to identify and explain the function of a former offence. We argue that the latter function implies the qualification of this offence. Most authors rule out the relevance of taking into account a former offence, on the grounds that the culpability concept has no inter-temporal character. By contrast, we demonstrate that the function of a former offence is very limited for the characterization of culpability. Only effective culpability, which is necessary for the personalization of the sanction, is argued to impact the function of a former offence. However, the function of a former offence is decisive for the delineation of liabilities. This can apply in a positive sense, as a condition of existence of criminal liability. This can also apply in a negative sense, as a condition of limitation of criminal liability. We point to implications in terms of repressive policy. However, we demonstrate that the function of the former offence can threaten legal security. .
Hoenig, William. "L'infraction passive attentatoire à l'intégrité physique et à la vie des personnnes." Nice, 2005. http://www.theses.fr/2005NICE0022.
Full textSome human and passive behaviours are harmful to the physical integrity and the life of the individual, indeed, in some cases, to the justice effectiveness. On the subject, the criminalization has been slowly developed, with the avent of different offences tending to the integrity protection. So, the criminal abstentions and the omission's offences constitute special commandings asserting themselves to every citizen in the first case, and to a specific individual, according to his quality, in the second case. However, some of these concepts, being dependant on the special criminal law, turn out perfectible, as several concepts of the general criminal law are. So, it's necessary to reinforce the repressive intervention. Nevertheless, it's advisable to make sure that the repression of an harmful inactivity stays moderate. The criminal law must take several limits into account that would be dangerous to ignore. However these complications, surmountable, mustn't call into question the measured intervention of the criminal law
Paillard, Bertrand. "La fonction réparatrice de la répression pénale." Paris 2, 2004. http://www.theses.fr/2004PA020040.
Full textNegrel-Filippi, François. "Le dol éventuel : Vers la reconnaissance d'une intention atténuée." Paris 1, 2010. http://www.theses.fr/2010PA010334.
Full textLemoine, Emmanuelle. "La repression de l'indifference sociale en droit penal francais." Rennes 1, 1999. http://www.theses.fr/1999REN10404.
Full textSaint-Gérand, Valérie. "La culpabilité dans la théorie de la responsabilité pénale." Lyon 3, 2000. http://www.theses.fr/2000LYO33031.
Full textVerkindt, Pierre-Yves. "L'imprudence et la négligence collectives. Essai sur le quasi-délit et le délit pénal d'imprudence dans les situations complexes." Lille 2, 1988. http://www.theses.fr/1988LIL20004.
Full textThe research undertaken aims to explore the way in which legal standarts are set whenever collective actions produce some offence. It leads to a more fundamental examination on the transformations in the thinking behind the very concept of punishment as soon as the processes of decision in collective situations of negligence and omissions would be taken into account
Bottini, Fabien. "La protection des décideurs publics face au droit pénal." Le Havre, 2006. http://www.theses.fr/2006LEHA0009.
Full textIn the late 20th century, politico-financial scandals and the contaminated blood case formalized the opposition of the public opinion to the immunity-impunity granted to rulers viewed as "liable” but “not guilty”. The recurrent controversy over the legitimacy of the immunities given to the representatives of the nation or their officers was thus rekindled. As the law does offer some guarantees of impartiality to ordinary citizens to be tried, the question is whether it does not provide enough protection for authorities. In that case, should public deciders benefit from increased protection against criminal law ? The answer depends or whether the case is considered from the standpoint of the democratic logic or the representative one. While the former recommends subjecting government officials to criminal law as the expression of the general will, the latter makes it legitimate to apply exceptional arrangements to them. How does substantive law settle the question? Has public law chosen either logic ? Does the specificity of the offices involved not entitle government officials to some immunities ? Are such immunities not likely to promote the drift of popular representation toward oligarchy ? To what extend can they be reconciled with democratic values ? This thesis will attempt to answer such questions
Shalbi, Gehad. "La responsabilité pénale du dirigeant d'entreprise." Paris 1, 2004. http://www.theses.fr/2004PA010281.
Full textAyed, Wafa. "La responsabilité pénale des décideurs publics pour infractions non intentionnelles." Paris 10, 2008. http://www.theses.fr/2008PA100158.
Full textFor some years, the public decision-makers see their penal responsibility questioned for not deliberate offences. The “intervention of the penal judge " in the public dispute engender a necessary adaptation on behalf of the public decision-makers who have of to integrate the " penal risk " into the management of the public affairs which they have. But the penal responsibility is not less concerned. And while it is more and more sought, appears a movement of contesting on behalf of the public decision-makers, who consider excessive this appeal to the penal lawsuit. From then on, the penal responsibility has to adapt itself not being able to apply on the action of the administration. This tempestuous meeting with the public decision-makers, followed the necessary arrangements taking into account the specificity of the administrative action. It seems nevertheless that these arrangements, although useful are insufficient and it would be convenient to create a regime of penal responsibility common to all the decision-makers
Dorsner-Dolivet, Annick. "Contribution à la restauration de la faute civile et pénale dans l'homicide et les blessures par imprudence : à propos de la chirurgie." Paris 2, 1985. http://www.theses.fr/1985PA020007.
Full textOthmane, Khaled. "L'imprudence pénale et ses liens avec la responsabilité civile." Paris 8, 2007. http://www.theses.fr/2007PA083567.
Full textThe interest of the study devoted to the penal offence of carelessness, which is common to us because the most of the accidents happening in daily life involved in one, has in fact, aroused a resurgence of the interest since the Law of July 2000 which tended to precise the definition of the offences committed unintentionally. Henceforth, there is a hierarchy of offences from an ordinary offence to one characterized or deliberated; moreover depending on it’s a direct or indirect principal. For all that, does it really have a link between the degree of the offence and the characters of causality? Does the penal offence have the same nature with the civil offence? Is the causality reduced to a simple articulation between a fact that the generates a new legal situation and an jury, or does it hide other functions ignored from now like the one which revealed the real existence of the offence which revealed the real existence of the offence which is source of the penal and civil responabilities?
Calvo, Élodie. "Accidents de masse et responsabilité pénale." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0323/document.
Full textIn times of consumerism and mass production, news has provided us examples of technological, sanitary and environmental disasters which have required criminal law. Nevertheless, criminal law doesn’t seem to be perfectly adapted to the reality of mass accidents.In one hand, it appears that the resultant of mass accidents is an assault to a group of people, goods and environmental elements affected by one single harmful event. However, considering that one of the criminal law principles is the indifference to the number of victims, the massive aspect of the mass accident is not taken into account as a resultant of the offence. Thus, these accidents can only be punished by the means of general offences. However, due to the difficulty of establishing the causal link, those offences are not easy to identify. Indeed, such damages are often caused by multiple factors, which leads us to another question about the causal sequence of events and about the certainty of each cause.In the other hand, about repression, mass accidents are often caused by legal entities, which leads us to another difficult question: the criminal liability of societies and enterprises. In the same way, mass accidents are often the resultant of private or public-decisions-makers’ actions or omissions; their link to the offence can follow various rules. The punishment for those massive accidents, especially for the environmental ones, is also a difficult question; therefore, it is necessary to adapt criminal sentences to the specificities of those situations. Eventually, the main question remains the one about the evolution of criminal law, that needs to take into account the collective dimension of massive accidents, notably by creating specifics offences
Giroux, Valéry. "Les crimes de cruauté contre les animaux: examen des propositions du législateur." Thèse, 2003. http://hdl.handle.net/1866/2636.
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