Dissertations / Theses on the topic 'Responsabilité pénale – Syrie – Études comparatives'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 19 dissertations / theses for your research on the topic 'Responsabilité pénale – Syrie – Études comparatives.'
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.
Faval, 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 textRadwan, Hamsa. "Le discernement comme condition de la responsabilité pénale : droit pénal comparé français et syrien." Thesis, Reims, 2019. http://www.theses.fr/2019REIMD005.
Full textDiscernment is a concept that marks the boundaries between law, psychology and philosophy. Therefore, the legal analysis of this notion must be understood within a psychological and philosophical framework. Discernment is a particularly complex notion. It is defined as the ability to distinguish between right and wrong. It may be confused with other notions with which it overlaps, such as criminal intent.It is therefore, indispensable to situate discernment in criminal legal theory. Thus, the following issues will be addressed in this thesis: Should discernment be linked to the legal understanding of what constitutes an offence, of to the theory of accountability? What are the consequences of the lack of discernment on the criminal liability of the offence perpetrator? Are these consequences similar in French law and in Syrian law? And lastly, when there is no criminal liability, what are the alternatives responses thesis shall look for alternatives responses provided for in both criminal law systems?
Abbasi, Mahmoud. "Étude comparative de la responsabilité pénale du médecin en droit iranien et français." Paris 1, 2005. http://www.theses.fr/2005PA010258.
Full textHo, Xuan Dung. "La responsabilité pénale des personnes morales : étude comparative entre le droit français et le droit vietnamien." Toulouse 1, 2010. http://www.theses.fr/2010TOU10041.
Full textAlthough the criminal liability of legal person is widely introduced in the world, it is in project in Vietnam. So, this thesis, basing on the comparative law research, aims to present to the Vietnamese legislator a model of the criminal liability of legal person, which is adaptable to the national legal system. Because Vietnam is a member country of the Francophone Community, the French legislation is usually an appropriate reference for the legislative reforms in this domain in Vietnam. In this context, the thesis analyzes not only the French legislative experience in application of the criminal liability of legal person, but also the Vietnamese legal reasoning system, which helps to identify the difficulties related to the French model transplantation into Vietnam. The thesis is open for the further research on applicability of the criminal liability of legal persons when this liability will be adopted in Vietnam
Lemkhairi, Samira. "La responsabilité du gérant de la société à responsabilité limitée : étude comparative entre le droit français et le droit marocain." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10007.
Full textAlrefaai, Youssef. "La responsabilité pénale des personnes morales : étude comparée en droits arabes et français." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32019.
Full textThe economic, social, and technological development leads to an increase of corporations and the expansion of their activities. Globalization takes part, also, with the development of these corporations who do not hesitate any more to create subsidiaries companies in foreign countries far from their base, like many multinationals. However, some of these corporations take the ways of crime to achieve some important gains. They profit, in particular, of the facilities of communication from one country to another, like Internet, to conceal their criminal activities and to prevent any tracing of their actions. To reap the consequences of this criminological reality the French legislator and his Arab counterparts have adopted similar reforms establishing the criminal responsibility of these corporations. Moreover, the police and judicial institutions in each country are obliged to collaborate with their foreign counterparts in order to fight more effectively against this new form of crime. Consequently, the object of this thesis consists in highlighting this double phenomenon of standardization of the rules of substance and form relating to the criminal responsibility of the corporation in order to construct a criminal law specific to these corporations by ending the application by analogy of this responsibility
Desnoix, Emeric. "L'entreprise face à la justice pénale : étude comparée du droit français / droits anglo-saxons." Tours, 2005. http://www.theses.fr/2005TOUR1004.
Full textThere is serious concern about the criminality of business enterprises. Indeed, this issue relates to numerous offences : white collar crime, health and safety offences, matters of pollution, corporate fraud, and also conventional crime (such as manslaughter). The aim is to study how the authorities enforce the criminal law, and how the culpable agent is to be identified within corporation. It is then necessary to see how he can be made criminally responsible for his acts, and finally sanctioned. In particular, this analysis encompasses both corportate and individual liability. In various aspects, corporate crime contravenes may conventional criminological principles and regulations, some of which have thefore been adapted (e. G. Rules attributing blame to the offender). Thus, the legal responses to corporate wrongs actually modify the way in which the criminal law conceptualizes the corporation itself
Alarbeed, Waleed. "Les causes subjectives de non responsabilité pénale : étude comparée en droit français et kowei͏̈tien." Poitiers, 2002. http://www.theses.fr/2002POIT3006.
Full textAfani, Adboulaye. "La responsabilité pénale des dirigeants de la société anonyme : Étude de droit comparé : France-Allemagne-Espace OHADA." Perpignan, 2009. http://www.theses.fr/2009PERP0957.
Full textOwing to disparities in the penalties applied to managers of Limited Companies, and faced with the urgent need to endow: itself. " with a consistent law System which could more efficiently meet with the new requirements of global economy. The member states of the EU and the countless of the OHADA zone ( Organisation for the harmonization of business law in Africa) are now compelled to bring into line their current legal regulations. In this respect, the present research aims at taking stock of the penalties in force in certain EU states. More particularly in France and Germany, as well as in some countries of the OHADA zone. It also reveals the already made standardizing efforts as well as the ones which are still to achieve
Kalamatianou, Phèdre. "L' état de nécessité sous l'angle du droit pénal comparé (grec, français) et de la justice pénale internationale." Paris 2, 2008. http://www.theses.fr/2008PA020045.
Full textMurtada, Shadi. "Modélisation et accès à la connaissance du droit de la responsabilité civile et pénale du chef d'entreprise : France-Proche orient." Montpellier 1, 2006. http://www.theses.fr/2006MON10024.
Full textWane, Bameme Bienvenu. "La responsabilité pénale pour crime de guerre : étude comparée des droits français et congolais." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1070.
Full textFor a little over a decade, the rules of criminal responsibility for war crimes have been major changes under French and Congolese. States show a certain reluctance to face the international regulation of war crime. Indeed, the compliance of national rules with international instruments resulted in the legislation of these states, as in some others besides, two successive steps: the internalization of notions of crime and war criminal and outsourcing structures and mechanisms for establishing accountability. First, the international crime of war is redefined according to the understanding and the usual concepts of internal laws of the States. It is therefore sometimes partially correctionnalisé and therefore subject to the law of any other crime or misdemeanor domestic, namely the rules of prescription. Sometimes, though retaining its character as an international offense, this crime is enshrined in legislation military without specifying the facts constituting and penalties proved to the author
Lazaar, Sonia. "La responsabilité pénale des mineurs : étude de droit comparé France-Maroc." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1077.
Full textThe offender minor situation early attracted the criminal law attention. Today the minor is subject to a treatment different from the adult's one. Before adjudged a minor guilty of an offense, his penal liability has to be determined and his discernment must be established. Today's society and his minors have evolved, so this topic becomes a national priority in France and also in Morocco, the minor's apprehension changed a lot and the juvenile criminal law is currently one of the major concerns of government which aims to provide a legally sound solution. The minor has acquired a special status in criminal law. The project aim is to determine the effectiveness of the current legislation and to analyse and synthesize the evolution of criminal responsibility in these two countries. It's time to take stock and prospects
Karimi, Nourollah. "Le procès pénal des mineurs en droit français et iranien : approche comparative à la lumière des instruments des Nations Unies." Pau, 2011. http://www.theses.fr/2011PAUU2003.
Full textThe concept of criminal trial or, more accurately, the science of criminal trial has two features when applied to minors. Firstly, it is not just a fair trial, applicable to all the accused (adults and children). It is also a set of normative and operational framework aiming specifically to support the juvenile offenders. However, this statement is ambiguous. Indeed, such an approach is based on what is considered as the standard of juvenile criminal law applicable to minors, with its three pillars: “discernment”, “child’s best interests”, “education”. Secondly, in comparison with judgments imposed on minors before indictment, the characteristic of juvenile criminal trail applicable to minors are very specific after the indictment, and subjective, especially in French law. The specificity of criminal law is also justified by the variety of measures applicable to minors. However, the common rules are still enforced during the criminal treatment of minors, more particularly in Iranian law. As a result, the criminal trial applicable to minors seems to be devoid of coherence and its specificity appears to be relative
Ghevontian, Manon. "Constitution et justice pénale des mineurs : recherche sur l'identification d'un cadre commun aux systèmes français, espagnol et nord-américain." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0453.
Full textThe general development of the constitutional review calls for an examination of the relationship between constitutional law and other areas of law. Thus, the juvenile justice system, which seeks to prevent and punish the delinquent acts of young people, holds now a central place and highlights the need for renewed thinking in this respect, through the prism of comparative law. The comparative analysis of the juvenile offender’s fundamental rights illustrates the recognition of similar principles and orientation within the French, Spanish and Nord-American legal systems. The latter form a common constitutional framework which is composed of ‘‘tailor-made’’ rights and leads to an educational and a protective direction. It also indicates the existence of a specific constitutional review, adapted to the juvenile’s characteristics. However, the efficiency of this framework is now challenged. Even though it claimed to strenghten constitutional review of juvenile justice legislation, it does not prevent the law on juvenile policy from being less specialized. In the current global security environment, the constitutional review suffers an important loosening. As a consequence, the constitutional framework does not always receive an adequate level of protection, undermining its humanistic philosophy. Juvenile law remains thereby bound by ideological flows of the political authority. More broadly, this highlights the difficulties that constitutional judges are facing when it comes to balance safety needs and freedom. The field of study finally brings out some issues about the complex interrelation between law and policy in an area as sensitive as juvenile justice
Kone, Oumar. "La corruption des agents publics : approche comparée des droits français et malien." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA016/document.
Full textCorruption, considered as an excessive use of a power delegated for private purposes, inevitably enriches a small number of people. Thus, where it is rooted, it becomes a major obstacle to development by weakening the society and the state. Therefore, it undermines the very foundations of the rule of law, undermines the foundations of democracy and derives its source of bad governance. Consequently, it does not only lead to a misuse of public funds, but also distorts competition by creating inequalities among citizens. Aware of the harmful effects of this phenomenon, France and Mali provide and punish in their legal systems the fight against corruption. For prevention purposes, bodies of administrative nature are created (SCPC France and Mali OAG, etc.) whose mission is to prevent the corruption of public officials. Also, as regards to law enforcement, specialized courts are created in these countries to quell any attack on public probity. But there is no choice but to accept that the effective implementation of these measures often encounter difficulties linked inter alia to the brevity of the limitation period, the issue of whether prosecution is advisable, to defense secrecy, etc. Internationally and regionally, as many conventions or agreements have been adopted to make the fight against corruption, a major stake. Besides, the United Nations has listed the fight against corruption among their objectives, considering this plague to be in many ways a major obstacle to the rule of law. France and Mali have ratified and adapted most of the international and regional conventions to their legal system in order to conform to international constraints for the fight against corruption, a struggle which tends to internationalize. This study aims to make an inventory of the corruption in both countries, analyze the reality and the weakness of the measures implemented to fight against this plague while making proposals for a more effective fight against corruption which, notwithstanding blights both public and private sectors
Petit, Camille. "L’obligation de protéger du chef d’État : contribution à l’étude de la « responsabilité de protéger » en droit constitutionnel comparé et en droit international." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020036.
Full textThe political concept of the “responsibility to protect” was adopted in 2005 to prevent and p ut anend to criminal atrocities. The apparent consensus over its first pillar, the State’s obligation to protect its populations, has resulted in a lack of institutional analyses regarding its combined comparative constitutional and international aspects. Importantly, the State’s obligation rests in particular with the Head of State. The obligation to protect is common to all heads of state, but it also differentiates among them, depending on whether their obligation is State-oriented (with the aim to protect the State, even if that requires the suspension of the rule of law) or Rule-of-law oriented (with the aim to protect a liberal constitutional order while always subjecting political actionto the rule of law). The thesis begins with an analysis of the sources of law relating to the Head of State’s obligation to protect, as it was successively theorised, constitutionalised and internationalised. It then turns to the execution of this obligation, which derives from the Head of State’s prerogatives, the relevant immunities involved and available institutional review over his orher activities. The study of the sources reveals that the Head of State (at the interface between the domestic and the international legal orders) is bound by a specific obligation, which exceeds the confines of the obligations of either the State or the individual. This obligation is both negative and positive as it requires both not to commit crimes against the population, and to prevent and put an end to such crimes. Its international dimension supplements the missing parts in the Constitutions.The execution of this obligation, by the implementation of the Head of State’s prerogatives, is subject to an increasing political and judicial control. However, this control remains under construction due to a lack of systematic and institutionalized international political responsibility. The thesis concludes that the “responsibility to protect” could be usefully “individualized” and enriched by institutional supervision and judicial review of the Head of State’s obligation to protect
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
Frinchaboy, Jenny. "Les mesures de sûreté : étude comparative des droits pénaux français et allemand." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA030.
Full textSecurity measures are at the heart of the current criminal policy, even though they raise a number of questions. Their place is very uncertain in French law, which has opted for a "single-track system", comprising only penalties, in the interest of simplification. Though, alongside the penalties, there are some security measures that are not always recognised as such, to the detriment of the coherence of the positive law. German law, on the contrary, has adopted a “dual-track system”, where penalties and security measures coexist within the criminal code. This system offers the advantage of recognizing the specificities of the security measures, which are not based on the guilt of the offender, but on his degree of danger. Although the distinction between the two categories of criminal sanctions is not an easy one, because of the areas of convergence, the two concepts cannot simply be treated as being the same. This comparative study of the emergence and the autonomy of the security measures concludes that a dualism of criminal sanctions should be introduced to the French criminal code with a complete own legal regime for the security measures, separate from the penalties’ regime, but in accordance with the basic principles of the criminal law