Dissertations / Theses on the topic 'Protection pénale'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Protection pénale.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Combe, Marion. "La protection pénale de l'information." Nice, 2012. http://www.theses.fr/2012NICE0027.
Full textInformation is omnipresent in the modern world. Its supports, its modes of spreading, but also the means to harm it never stop diversifying. Criminal law cannot ignore these evolutions. A criminal law approach to the protection of some information has existed for a long time, especially through the use of secrecy. The aim is now to measure the reach and efficiency of this protection, to understand its mechanisms and to underline its incoherencies, especially in the light of the technological evolutions that continually renew its problematic. First of all, it seems that protection of information is incoherent. The criminal matter in this field is obsolete, focusing on a multifaceted protection, because it is imbued with insufficient concepts, of a huge variety and not much theorised; Criminal law is unable to understand the concept of information that is intrinsically immaterial and of a great mobility, which confers to it rather vague borders. Beyond concepts, such a negative statement can be observed in a concrete and practical way in a basic and fundamental field : the criminal protection of information related to the private sphere. Thus, these many inconsistencies are not satisfying. They therefore justified reflection of a rational improvement of the criminal protection of information, in order to increase its efficiency and to bring along some homogeneity into the process of criminal protection. Premises of homogeneity can be found in the protection of information related to the professional sphere. In the light of these interesting premises, modernization of criminal protection is suggested, the aim of which is to develop the efficiency of protection, by the wording of the bases of a modern protection and the suggestion of the conditions of its setting. At the end of the analysis, this approach finally reveals the virtues of property as regards criminal protection
Metenier, Julian. "La protection pénale de l'accusé." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1065.
Full textThe theme of the criminal protection of the accused, well-known to criminal specialists, today deserves to be renewed under a probationary essentially angle, in the light of current developments in the criminal trial. Located at the confluence of innocence and guilt, the rights and guarantees granted to the accused understood in its conventional sense, must be analyzed in consideration of the founding principles of presumption of innocence and the rights of the defense. The continuing evolution of these two principles, in a sense diametrically opposite, inevitably reflects the intensity and the terms of the protection afforded any person suspected or prosecuted under criminal proceedings.This study deliberately limited to the pre-trial phase, proposes to understand, in a practical and technical problems, the various case law and legislative developments carried out in the field. Will thus addressed the key issues currently faced in criminal proceedings such as the question of the legal status of the suspect or the effectiveness of the adversarial principle in the preliminary criminal trial. While it may be tempting, at first, to conclude an indisputable strengthening the criminal protection afforded to the accused, then it will be necessary to reconsider this issue in terms of the study of procedural limitations attached to the criminal trial. Far from addressing this issue in a partisan way, it will be about moderation in the remarks. Indeed, perhaps more than any other issue of criminal procedure, it is imperative to keep a sense of proportion
Graziani, Fleur. "La protection pénale du consommateur." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020068.
Full textCriminal protection of the consumer leads to the consolidation of criminal and consumer laws. This burden on business is not obvious. Indeed, the criminal law is geared towards the protection of society whereas the purpose of the consumer law is to give redress to individuals, who, in this case, is the consumer. Regardless of whether introducing the concept of group action would give a more collective dimension, the criminal and consumer law retain distinct purposes. Despite arguments to the contrary, the findings are clear: common ground does exist but, more importantly, protection derived from the criminal law seems to be the sole solution used. We may ask why this near-systematic use of the criminal law should exist and if it is justified. Indeed, the aim of this type of protection and its nature are uncertain. Pragmatically, it would appear that the aim is mainly market protection yet the techniques borrowed from criminal law translate more into a willingness to regulate than to formally punish. The consumer does indeed benefit from enhanced protection but this comes with two costs: firstly, it is indirect thus it is a noticeable misrepresentation of the criminal law. Secondly, the creation of a plethora of administrative sanctions by the “Hamon law” of March, 17 2014 serves only to confirm this evolution.The ordinance of March 14, 2016 only reinforces this trend
Ollard, Romain. "La protection pénale du patrimoine." Bordeaux 4, 2008. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247091782.
Full textBreaking with tradition, french criminal law ensures the protection of property from a purely judicial point of view, and not from an economic one. As the basis for the protection of property, only infrigement of property rights justifies the intervention of criminal law, regerdless of the existence of a financial loss suffered by the victim. First of alla, as far as the area of criminal protection is concerned, it would appear that criminal law does not protect all the rights which constitute the property assets of the victim. Focussing on the sole property rights considered worthy of protection, independent of all consideration related to their economic value, criminal law prortects property law as a social value, as opposed to an element of the victim's property. If one then takes into account the regime of criminal protection, infringement of property rights is established as a result of offences against goods. Indifferent to the victim's financial loss, but always centred on a breach of property rights - the damage - the offence against property protects it from a purely judicial angle. Criminal law thus emphasises the particularity of its role, which is to protect public order. To accept a breach of the economic integrity of property as a trigger for criminal responsability would consequently set criminal law on the wrong track. If a financial conception of a property offence prevailed at a time when civil and criminal law were imperfectly distinguishable, criminal law should not, due to its own finality, remain tied to this type of subjective consideration
Leborne, Jérôme. "La protection pénale de l'animal." Electronic Thesis or Diss., Toulon, 2022. http://www.theses.fr/2022TOUL0155.
Full text« The penal protection of the animal ». The title is misleading. Criminal law does indeed protect animals as sentient living beings, but it is not sentience that is the basis for protection. Criminal law classifies animals into categories that depend on the animal's function for man and its relationship with man. A distinction is made between domestic, pet, tame, captive, production, experimental, entertainment, non-domestic, huntable, fishable, harmful and dangerous animals. Depending on the category to which the animal belongs, life and sentience are not protected in the same way. Life and sentience are only parameters that can be adjusted according to the role that the animal plays for man. In short, the legislator establishes a hierarchy of animals and, consequently, erects a hierarchical criminal protection of animals. Therefore there is no criminal protection for animals, but protection for certain animals against certain types of suffering.Criminal law organizes the unequal and relative protection of animals, but it can also reorganize protection in the interests of the animal. It is the adaptability and imagination of criminal law that must be mobilized in order to rebuild basic animal protection. In this respect, it will be a question of reconfiguring protection on the fundamental principle of the intrinsic value of the animal. In a way, criminal law would recognize and protect, in the image of the human being, the « animal being »
Koubi, Franck. "La protection pénale de la pudeur." Nice, 2000. http://www.theses.fr/2000NICE0020.
Full textBiancheri, Benoit. "La protection pénale contre le racisme." Nice, 2008. http://www.theses.fr/2008NICE0065.
Full textMicheletti, Agnès. "La protection pénale de la femme." Nice, 2004. http://www.theses.fr/2004NICE0062.
Full textLolies, Isabelle. "La protection pénale de la vie privée." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32060.
Full textChomel, de Varagnes Jérôme. "Protection pénale des représentants des pouvoirs politiques." Lyon 3, 1998. http://www.theses.fr/1998LYO33003.
Full textRabeyrin-Puech, Pascale. "Parents désunis et protection pénale de l'enfant." Lyon 3, 1992. http://www.theses.fr/1992LYO33020.
Full textThe parent who does not take on his ou her family responsability is guilty of family desertion or non representation of child and as such can be sentenced to imprisonnement or a fine can be brought upon him her. Criminal law embraces the obligations stemming from family life. This is meant to protect divided parents'children, especially their health and education. The penal magistrate intervenes in a long-lasting conflictual family situation which has not been settled. The inadequacy of a civil and administrative protection justifies the interference of penal law in a divided family. Under these conditions, the penal protection of the child seems necessary, but in fact is relative: only an action brought against a parent who is guilty of family desertion is efficient. A suited penal sanction is likely to protect the child in his food need. On the other hand the implementation of a sanction on a parent sued to court for the non representation of a child does not allow to solve this family tragedy in its psychological magnitude. This acknowledgement leads to seck non contentions solutions to family disputes
Eyrignac, Loïc. "La protection pénale du patrimoine de la société." Paris 1, 2007. http://www.theses.fr/2007PA010259.
Full textCousin-Leray, Delphine. "La protection pénale de l'intégrité sexuelle des mineurs." Nantes, 2005. http://www.theses.fr/2005NANT4020.
Full textThe study of the criminal protection of the sexual integrity of minors aims, on one hand to review the applicable law to the situation of the minor victim of sexual violence, on the other hand, in a forwardlooking reflection as for the emergence of a childhood criminal law, in fine, of a childhood law. Indeed, and if speaking about criminal protection of the sexual integrity of minors seems to evoke first of all the study of the repressive law of the sexual violence applied to minors, the problem exceeds widely this only perspective, in the sense that it sends back to the protective function of the criminal law, and in the notion of protected interest, from wich comes within sexual integrity and minority. Henceforth, the domain of reflection widens, to consider, besides the strict thorough criminal law, all the devices contributing to the realisation of the imperative of protection of the minor's sexual, interrogation about their interactions. At this prospect, the question of the criminal protection of the sexual integrity of minors arises as the privileged place of a reflection on the evolution of the criminal law, of the penal matter, but also on the penal justice of the minors, the novation of which it suggests by allowing to identify the criteria of structuralization of a childhood criminal law. By this way, the study postulates, on one hand, of the necessity of a legislative construction from clearly identified interests protected, on the other hand, of an unique criterion for a reconstruction of the matter, and related fields, liking the vulnerability of the concened subject : the minor
Sichel-Licari, Sandy. "La protection pénale de la dignité du salarié." Nancy 2, 1999. http://www.theses.fr/1999NAN20014.
Full textAznar, Thibaut. "La protection pénale du consentement donné par le consommateur." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0038/document.
Full textThe consumer’s penal protection is an essential stake, even more so following the last legislative reforms that occurred in the matter. The consumer’s consent’s protection represents the very essence of criminal law’s intervention in the consumerist sphere. The fundamental question that must be asked is whether criminal law punishes the criminal behaviour that a professional might show as an additional legislation which is dependent on civil law or, more interestingly, if criminal law is in fact autonomous in the consumer’s consent’s protection without being nothing more than a repressive and dissuasive legislation
El, Gamli Tarek. "La protection pénale des minorités religieuses en droit comparé." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0092.
Full textReligious minorities are often a component of the population and are characterized by their religious difference that can make them vulnerable to various threats. Ensuring security and stability of societies with religious minorities requires the adoption of specific provisions. The criminal protection, here, represents the most effective legal means, through deterrence achieved by sanctions and measures adopted. This study aims to determine the effectiveness of that protection extended to minorities in terms of foundation and reach, by making a comparison between two different systems in front of religion: the religious system (Libya and Egypt) and the secular system (French). The Statute of the International Criminal Court as a complementary axis, here, is a neutral element in its position nor secular or religious. This comparison will focus on the impact of the legal system adopted regarding the rights of religious minorities
El, Gamli Tarek. "La protection pénale des minorités religieuses en droit comparé." Electronic Thesis or Diss., Toulon, 2015. http://www.theses.fr/2015TOUL0092.
Full textReligious minorities are often a component of the population and are characterized by their religious difference that can make them vulnerable to various threats. Ensuring security and stability of societies with religious minorities requires the adoption of specific provisions. The criminal protection, here, represents the most effective legal means, through deterrence achieved by sanctions and measures adopted. This study aims to determine the effectiveness of that protection extended to minorities in terms of foundation and reach, by making a comparison between two different systems in front of religion: the religious system (Libya and Egypt) and the secular system (French). The Statute of the International Criminal Court as a complementary axis, here, is a neutral element in its position nor secular or religious. This comparison will focus on the impact of the legal system adopted regarding the rights of religious minorities
Al-Ajeeli, Ayad. "La protection pénale des ressources pétrolières : étude comparative franco-irakienne." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0075.
Full textThe criminal protection of oil resources is undoubtedly a multidisciplinary subject. This subjectconcerns the two major legal systems that are private law and public law. In the context of thismultidisciplinary approach, oil is integrated into a great many objects. As an activity of generalinterest, the oil responds to the mission of the public services, to its changes impelled by theState especially those relating to the special laws which regulate the oil resources in the criminalaspect that achieve an adequate protection for the investment of these resources. As such, theseconsiderations are closely linked to the criminal law, which plays a considerable role in theregulation of oil, and even more so in the strategy on oil security. The establishment ofstructures and infrastructure related to oil also involve criminal law. To this is added a numberof specific topics, such as the oil field, which is sufficiently endogenous to constitute a separatesubject
Ba, Samba. "La protection du consommateur par la loi pénale (cas du consommateur de produits corporels)." Paris 13, 1993. http://www.theses.fr/1993PA131008.
Full textCriminal law is the most efficient (law field) as far as the consumers' protection is concerned. This quality accounts for the frequent appeal to it to restors the balance between professionals and consumers. Unfortunately, this appeal is made without concern for a strong consistery : laws being at the same time numerous, diverse and lacking precision. Besides, they do not always make any provision for adequate sanctions. A situation which compromises the french consumers protection policy at the very moment of the making oe europe and the globalization of the economy
Abdelaty, Mohamed Mohamed Saïd. "La protection pénale de la circulation des valeurs mobilières : étude comparative des droits pénaux français et égyptien." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32059.
Full textThe award Securities is considering as the rate limiting step in the country's economy, as it directs the savings to productivity. The award is a key circuit funding that ensures the liquidity of investments. There is no doubt that to ensure the functions smoothness of the bourse market, there are many rules that must be respected and followed, such as the equivalency among savings, company transparency and exchange security, without all of that, the investors couldn’t have confidence. The suppression of dishonest conduct in relation market encompasses two categories: Breaches fellows and the stock market boursier. Only the latter will be involved as part of this study. So, our work was based on a criminal-law protection of the movement of security both in French law and in Egyptian law. In the first part, the stock bourse was only treated relation with the securities of circulation: Insider trading, the manipulation crimes of race and also the crime of market intoxication. The second part concerns the investigations, the prosecution and offenders Stock trials
Nga, Essomba Tergalise. "La protection des droits de l'accusé devant la cour pénale internationale." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30005.
Full textProtecting the rights of the accused depends in any legal debate on respect for a fair trial. In doing so, the creation of the ICC merits special attention by virtue not only of its being permanent and universal, but also the extent of international crimes with which it deals. As a result of this broad scope, research suggests any protective coverage is relative in its effectiveness and utopian, despite the requirement of compatibility of the law applicable to internationally recognized human rights. The apparent respect for these rights, the principle of due process and the requirement of the presence of the accused at his or her trial do not guarantee an effective equality of arms, the exercise of one’s rights or respect for the presumption of innocence. Instead, the procedural rule of imbalance, the excessive length of trials and the continued detention of the accused have led to objections about effectively protecting the rights of the accused. So-called protection gives way instead to the fight against impunity, the reticence of victims and witnesses and the sovereignty of States. Following this study, it is necessary to rebalance the rights of the parties and rethink the jurisdiction of the Court
Benbani, Khadija. "La justice pénale au Maroc au regard des instruments internationaux de protection des libertés et droits fondamentaux." Perpignan, 2005. http://www.theses.fr/2005PERP0620.
Full textCriminal justice system, which was formerly the bastion of national sovereignty, due to the accession of the States to international human rights treaties, is committed to a continuous search for a balance between punishing the violation of rights and the protection of those rights when punishing crime. Previously holding of a despotic power, the Moroccan criminal justice system is being nowadays assigned the objective of assisting with the transition to democracy by adapting national law to comply with international human rights law. The purpose of this study is to assess this justice system, which is the aim of and the instrument achieving fundamental rights, its recognition as an institution, but also the overall concept of the fight against crime, including both substantive and procedural law. It is a matter of measuring the effectiveness of the criminal justice system's compliance with international standards issued by the International Covenant on Civil and Political Rights and the Convention against Torture, the concept of effectiveness being characterised in a larger sense than solely being applied to indicate the “useful effect”
Benyoussef, Jihane. "La nouvelle protection pénale de l'enfant en droit marocain : contenu et portée du Code de procédure pénale du 3 octobre 2003." Perpignan, 2006. http://www.theses.fr/2006PERP0663.
Full textEl, Chaer Nidal. "La criminalité informatique devant la justice pénale." Poitiers, 2003. http://www.theses.fr/2003POIT3006.
Full textDourma, Marwanga. "La protection pénale de l'enfant au prisme de l'administration coloniale depuis la rencontre des droits occidentaux et des droits traditionnels en Afrique occidentale, spécialement au Togo : de 1922 à nos jours." Strasbourg, 2011. http://www.theses.fr/2011STRA4011.
Full textThe black African child lives in an environment where tradition and modernity exist side by side and occasionally clash. This co-existence, and occasional conflict can be seen at the level of daily life and also in the justice system. It is therefore a co-existence on both a sociological and judicial level. The phenomenon has its origins with the colonization of Africa. 19th century colonialism introduced onto the continent several new elements which radically altered the life of Africans. It introduced European law to peoples who had before only been governed by traditional laws arising from their customs. This new European law, today known as “modern law”, had always aimed at priority over traditional laws. The process of “European legalization” in the life of African societies through the single view of colonial priorities provoked a conflict in values which poses a problem for the African himself, but also for the child whose penal protection invites some questions. Through the specific example of Togo which experienced two different foreign justice systems, with first German and then French, colonization, the present study analyses the question of the legal protection of the child in black Africa. Starting with pre-colonial Africa, this analysis covers three successive periods before envisaging the near future. It is first a question therefore of analyzing the legal protection of the child in his traditional environment. The beginning of colonization is then examined in order to understand its administrative organization, for this organization not only altered the traditional protective environment of the child but also organized the penal law designed to protect the black African child. The answers proposed by contemporary protection policies need also to be analyzed. Finally the study, on the basis of the evidence that millions of African children still see their most basic elementary rights trampled on, examines the value of international judicial responses to the question of penal protection of the child, both at a regional level and that of the United Nations. This analysis therefore, covers three essential periods. The first is the pre-colonial period, characterized by the exclusive nature of laws originating from traditional customs, a period during which the child, considered as the essential element in society, is the concern of each member of the community. This central position of the child results from its status which is close to that of ancestors and deity. For this reason nobody can harm a child without offending both deity and the ancestors of the community and therefore provoking their anger towards the community of the culprit. In consequence, by watching over the security of the child the community watches over its own security as well as its economic prosperity as the child represents the economic capacity of the community. The second period, the colonial period, is characterized by the calling into question of the traditional legal protection of the child. Colonization, by virtue of its principles and administrative system imposed itself as the sole way of analyzing all sociological and judicial issues in Africa, despite the counter values that Africans blame it for introducing into their societies. Not only did the methods of introducing this organization provoke resistance, its refusal to take into account the traditional principles regulating African societies transformed the introduction into a problem instead of a solution towards helping African societies to “evolve”. In consequence, the judicial system proposed by colonization to protect the child never achieved the support of the great majority of African populations. The contemporary period, that is to say the post-colonial period, has little improved the real judicial situation of the African child. The stubbornness of African governments in drafting legislation as a continuation of colonial laws has rendered the penal law system ineffective. The intervention of regional and international law, through the Convention for the Rights of the Child and its additional protocols, along with The African Charter for the Rights and Well-being of the Child remain without any real effect. Those laws which don’t manage to create a universal law with “multiple facets” thereby integrating the specificities of Africa, seem condemned to have a minimal impact because they neither conquer the spirit nor the hearts of Africans who remain attached to their traditions, on both on a practical and a judicial level. Togo, fortunately, unlike, other countries in black Africa, seems to have realized that it is necessary to reconcile laws and people. It has been involved, for several years, in the construction of a more dynamic penal system for the protection on the child. This reconciliation of law with the people is being undertaken with information campaigns and the involvement of civil society through NGOs and associations. However, the still timid results must be pointed out on the basis that this process will only achieve its full effect by integrating in a considerable way the specific realities of Africa
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 textNaviaux, Sylvain. "La responsabilité pénale dumaire et de la commune : la nécessité d'un statut de protection." Reims, 1999. http://www.theses.fr/1999REIMD005.
Full textThe penalty's liability for the mayor and the municipality present a question of the moment. The mayors are very worried about this risk of repression. The thesis has for object to find juridicals solutions to conciliate the penalty's liability for the mayors with their mission. It's why the thesis present a status of protection. In the first part, we study the grounds of a status. Why is it necessary of a status ? the inflation of the laws, the decentralization and sociologicals grounds sween the penalty's liability for the mayors. A protection seems necessary : a lot of mayirs want to resign,, in the second part, we study the domain of this penalty's liability : an innovation with the penalty's liability for the mun. -lcipality. For the mayors, the exercice of his police's powers and the violation of probity's duty are the most important domain of his liability. In the third part, we present the juridicals solutions who can protect the mayor and the municipality in their mission. We can find ci lot of solutions, but the distinction between the services fault and the personals fault is the most interessant
Yawaga, Spener. "La protection pénale des monopoles des professions de santé : étude critique du droit français." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40021.
Full textThe protection by penal sanctions of health professions' monopolies is intendet to assure the best distribution of health care and health products. This protection is realised unfortunately despite some requirements of our law. It fails to recognize one of it founding principles : the criminal legality principle. Contrarily to the requirement of the criminal legality principle, both the statutory and the regulatory provisions assuring the protection are conceived in a vague language. Juges, far from limiting themselves to the strict application of theses provisions as required in criminal matters, give an extensive interpretation. More to the review of the protection of theses monopolies, we can further put into question it advisability. The 1789 declaration lay down the general principle of liberties. Article 5 of this declaration lay down the roll that law could only probde actions prejudiciable to the society. Despite the above principle as lay down in criminal law, heath professions are increasingly been regulated on the grounds of the protection of public heath and not the protection of privileges. Nevertheless it is questionable from a european law point of view, a comparative law review and more to that, the economic interest surrounding the conflicts linked to monopolies under legal protection. It is obvious that theses monopolies activities are not solely sanitary, in which case regulation needed for the protection of health can be more flexible
Beaussonie, Guillaume. "La prise en compte de la dématérialisation des biens par le droit pénal : contribution à l'étude de la protection pénale de la propriété." Toulouse 1, 2009. http://www.theses.fr/2009TOU10039.
Full textThe dematerialization of the possessions definitely took place in criminal law ; at the most it is a question, henceforth, of measuring the import. At the end, it is necessary to understand the ins and outs of the relation which unites the criminal law of the property and the immaterial possessions. It seems, first at all, that the reception of the immaterial possessions by the criminal law of the property was not only authorized by the penal system, but especially that it may blossom within this last one : on one hand, this reception took place in a constant respect to the principle of legality, the legislator having only introduced it, and the judge having commited, by following a directive of legal interpretation, no deformation of texts and their spirit ; on the other hand, this reception turned out capable of resisting to all the events which the consideration of the repression to a very etheral object appears to suppose. Mainly, it seems perfectly possible to localize and to demonstrate the existence of the fraudulent appropriation of an intangible property. More still, the apprehension by the criminal law of an intangible property can sometimes, for various reasons, be more easily made than that of a tangible one. Then, it seems that this reception of the immaterial possessions by the criminal law of property can inform about the content and the office of this last one. Indeed, the degree of legal refinement which obliges the consideration of the immaterial possessions allows to reveal, with an unusual brightness, the progress which leads, in the field of the property, some determination of the penal prohibition to the execution of its punishment by the one who broke it. In this way, the meaning and the articulation of certain notions appear to have to be reconsidered. In the term of an inductive mechanism, this revelation succeeds on the analysis of the causes, rival but not contradictory, of penal protection of the property : if the criminal law can protect every possessions, tangible and intangible, it is, on one hand, considering to the society, for which property represents the fundamental technique authorizing the legal business and, on the other hand, considering to the person, for which property is the most precious of the subjective rights
Arrighi, Anne-Claire. "La condition pénale de l'enfant avant sa naissance : de la non-reconnaissance à la protection." Thesis, La Rochelle, 2015. http://www.theses.fr/2015LAROD001/document.
Full textSocial and legal debate, the criminal condition of the unborn child has first centered around the issue of termination of pregnancy. This issue has then found an extension in criminal case-law concerning the involuntary infringement on the life of the unborn child. The criminal situation of the child before his/her birth is characterized by a lack of identification of its status as a victim. The questions about the legal status of the conceived child have also been renewed by the various laws on bioethics and the fate of surplus embryos. Some answers about the indeterminate character of the legal status of the child before his/her birth can be found in the notional confusion which surrounds the notion of person. At the same time, an erroneous analysis of the legislations which allow attempting to damage the embryo’s life block the evolution of its legal status. The criminal condition of the unborn child must tend towards a recognition of his/her human personality. The consubstantial notions of human being and dignity will be the notional tools helping to acknowledge the criminal status of the person before his/her birth. This criminal protection of the pre-birth life must be concomitantly organized with the criminal protection of the liberty of a woman to conceive a child
Rahmani, Tabar Mohsen. "La protection pénale des libertés et droits fondamentaux de la femme. : Étude comparée Iran-France." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10050.
Full textWe observe significant differences in the criminal protection of fundamental rights and freedoms of women between Iran and France. These dissimilarities are derived from fundamental differences in the definition of concepts of human rights based on the perception of the world in Islam and secularism. These differences affect the legal implementation of the human rights of women in the national and international level. France has affirmed its commitment to the DDHC by its adoption in the French constitutional bloc. It has acceded to most international and regional instruments on human rights, prevention of violence against women and discrimination against women. It is committed to implement the ratified international treaties and to internalize through the mechanism provided by the Constitutional Code. Iran claimed the Constitutional Code; all laws must be consistent with Islamic requirements. We studied the incompatibility of Islam with certain rights enshrined in the UDHR and other international instruments including the Convention on the Elimination of All Forms of Discrimination against Women. The French Criminal Law in relation to Iranian penal protection of women clearly identifies the criminal policy in the struggle against violence against women and discrimination through criminalization and punitive responses in this regard
Lemasson, Aurélien-Thibault. "La victime devant la justice pénale internationale : pour une action civile internationale." Limoges, 2010. http://aurore.unilim.fr/theses/nxfile/default/58395a7d-6425-4b79-b895-b439ec08cef0/blobholder:0/2010LIMO1006.pdf.
Full textThe victims are obviously emerging as key participants in the international criminal trial because their prerogatives have been improving before each international tribunal since 1945. Their powers are showing all their potentialities, despite a literal restriction in statutory law, from the opening of the proceedings up to the final verdict of guilty or not guilty. After a verdict of guilty, their rights become truly protected, most certainly as far as effective reparation is concerned, but less so concerning the sentence. As an international civil action will soon be established, the next logical step is now to clarify who can be considered as the victim of a serious crime, in order to allocate this quality only to private persons, either natural beings or legal entities, who incur legitimate damage. Ultimately, the function of the victim must be determined so as to come to the conclusion that he or she is from now on playing the part of a true civil party who is entitled to support the criminal proceedings led by the Prosecutor. The victims are therefore becoming subjects to the international criminal trial in which they are allowed to act effectively in order to make the Judges acknowledge all the consequences of the injuries and the losses they have suffered. As a result, the international civil action appears to have two different but intrinsically linked aspects, one repressive and the other compensatory. The first aspect involves proving the reality of the torts imputable to the defendant and the second aspect involves obtaining a kind of redress, without forgetting the fact that the victims can also ask the Registry for protective and supportive measures
Mongrain, Josie. "La réforme pénale en matière de protection des animaux dans le code criminel canadien: 1892--1927." Thesis, University of Ottawa (Canada), 2003. http://hdl.handle.net/10393/26525.
Full textBoudry, Pascale. "L'adéquation de la solution pénale aux problèmes soulevés par la protection de l'environnement : l'exemple du Languedoc." Montpellier 1, 1987. http://www.theses.fr/1987MON10025.
Full textIt is interesting to speculate as to wether penal legislation, concerning the protection of the environment, constitutes nowadays a group of texts which, even if they are not structured, at least follow a common thread. To question the application of this legislation in the criminal courts is also to envisage the way in which it "could" be applied. The study of the elaboration and application of this legislation can also give rise to taking a standpoint with regard to the texts considered. Finally, placing oneself in the context of criminal policies, one can widen this former field of observation. Knowing that the penal solution is indeed only one of the many possible answers to the behaviour in question within a coherent criminal policy, it is necessary to envisage the altenatives which could be looked at. This is where the results of a survey made en a specific regional area, the languedoc, over a period of six years, appear. What is more, it was possible to make precise comparisons berween this region and rhone-alpes, where similar surveys were done within the framework of researches made by the c. N. R. S. (centre national de recherches scientifiques) at the request of the ministry of the environment
Antali, Jasem. "La protection pénale des opérations de la bourse : étude comparée en droit français, émiratie et égyptien." Paris 1, 2006. http://www.theses.fr/2006PA010273.
Full textLassalle, Maxime. "L'accès extraterritorial aux données bancaires dans le cadre de l'enquête pénale : perspective transatlantique." Thesis, Paris 10, 2019. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2019/2019PA100096/2019PA100096.pdf.
Full textJudicial cooperation no longer seems to be the preferred mean of extraterritorial access to bank data in criminal matters. While in the area of access to telecommunications data, the decline of judicial cooperation is taking place in favor of direct access to data held by transnational companies, such direct access does not seem to be developing with banks, even if it exists in practice. It is rather the development of the role of financial intelligence units that seems to be emerging. Leaving the framework of judicial cooperation without departing from the principle of cooperation between States, extraterritorial access is also detached from the guarantees traditionally attached to judicial cooperation, which are supposed to guarantee both the respect of States' sovereign interests and the protection of individuals' rights. While the attributes of States' sovereignty tend to fade away in financial investigations, the emergence of the interests of individuals to maintain control over their data tends to increase.In this context, it is not the multiplicity of forms of extraterritorial access that is problematic in itself, but the fact that the coexistence of these different forms tends to multiply the possibilities of conflicts between national visions of the legitimacy of access to bank data. Because these conflicts create risks to both the individuals' rights and the effectiveness of access, one solution would be to find an agreement to end them. However, this would only be possible under two conditions: mutual recognition by the States involved of equivalence between their investigative authorities and the investigative authorities of their partners, and an agreement on the conditions regulating this access to take into account data subjects' and banks' rights
Thierry, Jean-Baptiste. "Le handicap en droit criminel." Nancy 2, 2006. http://www.theses.fr/2006NAN20009.
Full textWhen general rules related to disability problems try to incorporate disadvantaged people in community life, criminal law is however isolated. However, it looks for equality between disadvantaged people by protecting the weakest ones against unwarranted attacks, violent offense, stroke against their personal property, even discrimination. Relation between disability problems and weakness is not systematic. Disadvantaged people may commit an offense and criminal law would adjust its response when necessary; penal responsability, rules of procedure, even punishment would be adjusted to them. Criminal law may punish behaviours which are reason of a disability or render it more heinous. For example, prenatal diagnosis, medical help to procreation and selective abortion are medical acts apprehended by criminal law because they are dangerous and can be eugenics. Violation of accessibility rules to the buildings may also be punished. Therefore, the non-uniform apprehension of disability in criminal law lead to misusing its fundamental principles
Hounki, Torkia. "La protection civile et pénale du consommateur dans le commerce électronique : étude comparée entre le droit français, le droit égyptien et le droit libyen." Thesis, Reims, 2021. http://www.theses.fr/2021REIMD002.
Full textIn the face of technological advancement, the world of electronic commerce faces significant threats. The reflections carried out within the framework of this research show that, in addition to the advantages provided by the Internet, this tool also allows the existence of a certain number of challenges weighing on the exercise of the activity of electronic commerce, hence the need to secure the environment for online commerce. This is why it is essential to define beforehand the context in which the cyber consumer operates, in order to protect him. Faced with this situation, legislators in the various legal systems have intervened to find means of protection adapted to this type. This explains at the outset the diversity of sources of protection at the civil and criminal level. Our comparative study, on French Libyan and Egyptian law, allowed us to observe a delay, even some hesitation of the Egyptian and Libyan legislators compared to the French legislator. This observation has enabled us and will allow us in the future to make proposals that are essential to the development of Egyptian and Libyan legislation
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
Ghaibi, Dhia Moslem Abd Alameer. "La protection pénale de la sécurité de l’information en Irak : Etude juridique au niveau national et international." Thesis, Lille, 2018. http://www.theses.fr/2018LIL2D013.
Full textThe security of information and communication technologies (ICT) and the issue of cybercrime has been a concern for some time. It is only in the recent past that governments have begun to understand the importance of ICT security. Computer crime, like any form of crime, is hard to quantify, and cybercrime may be the least reported form of criminal behavior since the victim often does not know that an offense has even occurred. In addition, the lack of cybersecurity solutions and the lack of common understanding make legal difficulties both nationally and internationally. It is doubtful that common law standards, including those of the criminal law, are sufficient, on the one hand to cover the needs of an effective criminal policy and, on the other hand, the need to deal with the diversity of crimes and the continual evolution of their means. Iraq, like some countries, has suffered information system breaches. But how can Iraq cope with the issues of cybercrime? Are traditional laws sufficient to frame cybersecurity? Does Iraq need new legal rules? In this respect, the contribution of international law is important for the fight against cybercrime. International cyber security conventions and pioneer legislation in this area can inspire the Iraqi legislator. The purpose of this research topic is, in the light of international law, to provide effective legal protection and to develop Iraq's legal framework for cybersecurity
Almakhoul, Issa. "L'adaptation du droit pénal à la protection du mineur victime d'infractions sexuelles." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_almakhoul_i.pdf.
Full textMinors who are victims of sexual crimes should be entitled to a special protection by the criminal law. The importance of such protection should not be minimised. Criminal law should include provisions which are able to address adequately sexual crimes in which the victim is a minor. The purpose of this research is to examine to any extent minority affects the provisions of the Criminal Code, aiming at providing the required protection of the minor victim in the criminal legal system. Can the substantive and procedural criminal rules regarding sexual offences which are not applying particularly to the victim as a minor provide him/her with the sufficient protection? In other words, should the rules dealing with sexual offences in which the victim is an adult be the same and apply to a case when the victim is a minor? If the answer to the previous questions is no, the minor as a victim of sexual offences would need new rules in order to address his case? How could we set these rules? One of the topics is to analyze all the preceding questions concerning the adaptation of the criminal law to deal more adequately with the cases when the victim of sexual offences is a minor. A comparative analysis between the required protection of the minor as a victim of sexual offences and that protection provided generally by the criminal law raises two main questions: firstly, how to adapt substantive criminal rules in order to provide a better protection for the minor victim of sexual offences. Furthermore, minority should be an element of the sexual offences rather than an aggravating circumstance. Secondly, to adapt the criminal law to suit the status of the minor victim can be by the individualization of procedural techniques. Criminal proceedings should be reorganised to take into consideration the minor victim as a subject of real protection. The French law which has a long history in protecting the minor victim should now adopt a new model providing a comprehensive care of the minor victim of sexual offences
Montagne, Camille. "Lien familial et droit pénal." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD010/document.
Full textStudying the family link from a criminal law perspective may seem paradoxical at first sight. Yet this is not the case since the confrontation between these two concepts is as ineluctable as is it necessary. The examination of the impacts of the family link on the repressive rules falls within a multidisciplinary approach and sheds light on two conceptions, whose limits are constantly changing. The purpose of this study is to analyse the current phenomenon of transformation in the criminal protection of families through observation and research; and to break down the principles governing it, so as to better grasp the situation and to give a new orientation towards future implementations. The study reveals the existence of an overall disinterest of the repressive field in the family link precisely where its consideration is a fundamental criterion in the construction and consistent implementation of criminal rules. The purpose of this research is to analyse the existing body of repressive laws and regulations currently in use as well as to establish an unprecedented classification of family offenses. The creation of a functional typology of family offenses in criminal law will make it possible to provide tailored legal tools to deal with this dilemma and to implement a specific criminal policy regarding the family. This endeavour challenges the very existence of the family link in criminal justice and demands not only that it be reintegrated into criminal law at the initial stage of classifying family offenses, but also that it be subsequently taken into consideration when dealing with these offenses
Benech-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
Noradin, Shahin. "La protection des droits de l'homme au cours de la phase d'instruction préparatoire : étude de procédure pénale comparée." Pau, 1996. http://www.theses.fr/1996PAUU2045.
Full textThe subject is about the safeguardings of an accused person in the criminal action at the first stage of an elementary investigation. If is anoe of the most important procedural subjects that deserves discussion. Such discussion will give an enlightment to the public. The most gracious creature of the almighty god enj all legal safeguardings when he is accused of a crime. Our research involved the main chapters preceded by an introduction, which deals with historical aspects of these safeguardings. We will focus our attention in the mesopotamian, french and islamic laws. It clearly appeared to us that these safeguardings are very old and then their historical roots are very deeps. Chapter one of this research is set up for the indication of saveguardings that is enjoyed by the accused during the elementary stage of investigation. Previously, we have mentionned the important part played by the authority in france, ex-urss, egypt, iraq and islam. It appeared to us that legislation has enpowered this function to different source with contradictory jurisdiction, and then we have criticized this method. After that, we discussed about the problem of separation between the function of accusation and that of investigation. Such separation provides an important safeguarding for the accused person in particular and to justice in general. Such separation will certainly contribute to keep the independance and neutrality of the investigation. This second chapter is devoted to the safeguardings when the elementary investigation is going on at different levels : testimony, expertness, inspection, supervision, arresting seizing, and finnaly in the process of cross-examination. To conclude, we demanded to have a special authority -called juridical authority of indictment- and we expected that our legislature will respond to this demand because, as we can see, many other foreign countries have adopted this idea
Akash, Shaban. "La protection pénale du droit à la vie avant la naissance : entre la loi libyenne et la Charia." Perpignan, 2005. http://www.theses.fr/2005PERP0591.
Full textThis question is quite far reaching as regards criminal law: not only does the analysis lie in the criminal aspect but it reaches the jurisdictions monitoring medical responsibilities. Physicians need to know what law allows and forbids on the subject, and this will constitude a central theme in the comparative study. The study shows the deep legal gap surrounding the embryo, and goes beyond any geographic context to become a topic affecting mankind as a whole. We have divided the thesis into three parts of three chapters each. In the first part,we give a tentative definition of a number of words used all along the analysis. Then,we tackle the wide ranging question of how to define when human life begins and what is the juristic persona lity of the embryo. In the second part,we try to define the notion of abortion and how it connects with. Nei ghbouring notions;thus analysing how it is justified,what effects there are and how it relates to contraception. Then,we dealwith authorised or justified abortion ,punishable abortion , the elements of offence and the sentences applied. We have detailed some important questions:attempt;criminal participation,impossible offence ,abortion by omission and finally ,abortion and test-tube babies. In the third part,we try to assess criminal protection as it is and as it should be, by reviewing its present context,efficiency and shortcomings. We suggest severaltexts likely to fill the gaps and correct the weaknesses we have observed whenanalysing legal texts
Gaba, Ishola Dédé Louisette. "La réparation du préjudice causé à la victime d'une infraction pénale : étude de droit togolais." Poitiers, 2002. http://www.theses.fr/2002POIT3003.
Full textKashefi, Esmaeil Zadeh Hassan. "La protection des mineurs au sein du Conseil de l'Europe." Paris 1, 2005. http://www.theses.fr/2005PA010328.
Full textPanfili, Jean-Marc. "Les instruments de protection des droits et libertés des malades mentaux." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10060/document.
Full textThe rights of the mental sick have profoundly just been modified by several texts of laws. It is about the reform of the law of 1990 by the law of July 5th, 2011, but also about the reform of the protection of the adults of 2007. The law " Dati " of 2008, relative in particular to the penal irresponsibility for mental disorders(confusions) and finally to the law relative to the handicap of 2005, also impact their rights. The disorders(confusions) of the mentally ill person make of the latter a subject of particular right(law), from which personal freedoms must be particularly protected in front of requirements of protection of the law and order. The nature of the disorders(confusions) leads(infers) for these patients a specific confrontation in the right(law) and in the justice, in several circumstances. It seems that the mentally ill person occupies a particular place (square) with regard to his rights and liberties. Consequently, it is possible to assert that the psychiatry, the medical discipline asked to take care of this type(chap) of patient, establishes(constitutes) well a real forensic specificity, with which are confronted the professionals. If this specificity rests(bases) on the necessity of protecting the health, by taking into account requirements bound(connected) to the law and order, to the repression of breaches and to the safety(security) of the people, the stake also consists in guaranteeing effectively the protection of the personal freedoms of the concerned patients
Dumenil, Gabriel. "Le domicile en droit pénal." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020008.
Full textA special place, unique in some respects, the home maintains close ties with criminal law. It is first seen as a protected personal space. Indeed the home provides the defense of certain rights and freedoms - security, safety, privacy of private life, tranquility and human dignity - of which it is the preferred receptacle. The approach made of home by criminal law in this respect is dual. It is abstract sometimes, material at other times. When abstract, it considers the home as a private sphere cut off from the outside world and impervious to attacks, a single enclave, a reclusive space protected from external influences, protected from any incursion. When material, the approach of criminal law defines a place participant of the dignity of its occupantand then necessarily must respect various criteria, various minimum standards only able to ensure compliance. The home is also seen as a space of human location. It then participates in the effectiveness and efficiency of the criminal procedure. The probability location tool - the place where the individual is most likely to be found – the home ensures the surveillance of the person. It also ensures the smooth progression of the criminal proceedings. Indeed, it is the appropriate instrument of transmission of the procedural information and one of the key criteria of the competence of criminal law and different jurisdictions. The study will highlight some critical issues of criminal law and in particular the sway between two fundamental imperatives, which are: the respect for human rights and the repression of damage to protected social values. In addition, the reader will be able to observe that the concept of home in criminal law is decidedly polysemic and that its expressions are polymorphic. Many terms are used to refer to the space in which the person lives, either permanently or temporarily, freely chosen or imposed on the individual by the judicial authority, whether it respects human dignity or not, or that it assures the protection or location of the person. While some of these semantic differences are justified, others on another hand may be criticized
Bannelier, Christakis Karine. "La protection de l'environnement en temps de conflit armé." Paris 1, 2000. http://www.theses.fr/2000PA010331.
Full text