Dissertations / Theses on the topic 'Responsabilité pénale'
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Bénéjat-Guerlin, Murielle. "La responsabilité pénale professionnelle." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40061.
Full textSerratrice, Brigitte. "La responsabilité pénale des personnes morales dans le nouveau code pénal." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32025.
Full textThe criminal responsibility of juristic persons established by the new french penal code has often been presented by the authors and the members of parliament as a novelty. First, in a theoric way, it is true that it calls in question the traditional conception of the juristic person which becomes by a juridical artifice the potential perpretator or accessory of a criminal offense, and can notably suffer the various and specific punishments prescripted by the new penal code. Nevertherless, that novelty is limited by elements of foreign laws, the french law prior to the new french penal code, and the way that the principle has been formulated. In practice then, the carrying into effect of the criminal liability of juristic persons will be possible for many offenses, and adaptations of procedure have been done. The disposition presents otherwise advantages as concerns some serious offenses (pollution, counterfeit. . . ) but can also be dangerous sothat the new penal code has maintained the penal responsibility of guilty natural persons. In conclusion, the criminal responsibility of juristic persons could be a convenient tool, but the judge will have to use it prudently
Mastagli, Julien. "La responsabilité pénale de l’employeur." Thesis, Université de Lorraine, 2019. http://www.theses.fr/2019LORR0334.
Full textEmployer criminal liability: what for? Why has the lawmaker supplied labor law, as a field of law, with criminal norms for a long time? What is the purpose of such liability? What do the employees expect from it? These questions are full of careless assumptions likely to create optical illusions. This notion of employer criminal liability appeared only recently, since such terminology has been enshrined in 2008 with the labor law codification. Before, it was a company manager criminal liability. Are these two notions synonym? Not at all. The company manager is a natural person, leading an organization or an institution. The employer is either a natural or a legal person, party to the employment contract. The employer is entitled powers at the basis of their liability. The logic that concerns the company manager is other. More generally, how may the employer criminal liability be seen? This vision cannot be neither consistent not unequivocal, because of the deep evolutions that occurred. This criminal liability was originally developed according to a model created in the context of the 19th century industrial revolution and the enshrinement of the first social laws. This model has both criminal and civil liability mechanisms and its own mechanism, which contributes to the autonomy of the model. It was built on a common ground: the figure of the employer. This model has been someway questioned for some years now, because of the illegibility of its sources, the complexity of its proceedings, the law rate of convictions, and its incompatibility with general principles of criminal law along with its inability to seize neither the power issue within the company nor the relationship between businesses. On the way, the paradigm seems to fall into crisis. That is when employer criminal liability struggled its way to an emerging alternative model. This alternative model is hemmed both from a reshaping of the power within the company and the reconfiguration of the imputation link, driven by the goal of a better labor law effectiveness, as at its origin. Emphasizing this change implies unfolding - without being dogmatic - the question of the labor criminal law functions - and through it, the employer criminal liability. By a folding and unfolding trend, the peculiarity of this liability will be highlighted, that is its own function, with respect to other ways of imputation, in terms of working relationships. Where does the criminal liability fits in this field of law, with respect to the other systems of liability? Does it have some specific role to play? If so, which one(s)? On these answers depends the sense - or the nonsense - of the employer criminal liability
Boulanger, Aliénor. "Restructurations sociétaires et responsabilité pénale." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10052.
Full textDuring its existence the company may have to restructure to respond to the needs of its evolution. Whether the result of a willingness to adapt, to extend or the result of difficulties, the operations performed are likely to alter the corporate structure, and therefore the fate of criminal liability. The purpose of this thesis is to study the mutual influence of corporate restructuring and criminal liability. It can’t be denied that there are some difficulties to articulate corporate restructuring and criminal liability. So it is essential to study the system of criminal liability that the company will be subject to, and then consider the final process, from the perspective of the criminal liability too. Once criminal liability impact on companies restructuring is determined, impact of companies restructuring on the criminal liability must be investigated. Some restructuring have no impact on the company criminal liability, while others can destroy this one. This is one of the main issues of company criminal liability because of the company can avoid the criminal liability in restructuring. Consequently, this study should leads to propose solutions to remedy the imperfections of companies restructuring in application of criminal liability
Rousseau, François. "L'imputation dans la responsabilité pénale." Bordeaux 4, 2007. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247100118.
Full textImputation is a term usually used by the penal doctrine to indicate a particular penal responsability mechanism. Nevertheless its legal meaning can vary from one author to another. However, we agree to define the term "imputation" as the allocation of a fact or a thing for one person so that he/she is held responsible for it. Translated into the penal responsability law, this generic definition suggests "imputation" as part of the entire legal mechanism which allows to attribute and blame for infrigement directly to the agent. A research study on the content of such a concept allows, first of all, to better know the nature of the various legal institutions which relate to it, in order to propose a coherent reading. Then, it outlines the interest of questioning connections between both cardinal notions of the general criminal law the infringement and the responsability
Téani, Audrey. "La responsabilité pénale du fait d'autrui." Bordeaux 4, 2007. http://www.theses.fr/2007BOR40040.
Full textThe principle according to which criminal liability is personal, is generally preferred to the principle of criminal liability for damage caused by another. The study of criminal liability for damage caused by another is however relevant as this rule neither general nor opposed to any form of criminal liability for facts caused by another. To this extent, this expression points at a plural reality. On the one hand, from the point of view of its foundation, because criminal liability for damage can be subjective or objective. On the other hand, from the point of view of its functioning, because criminal liability caused by another can be indirect or direct. Criminal liability for damage caused by another is therefore a plural reality of criminal law that does not require any large reforme to exist. It is only necessary to acknowledge its existence
Deloffre-Vye, Frédérique. "La responsabilité pénale du chercheur scientifique." Poitiers, 2000. http://www.theses.fr/2000POIT3005.
Full textMistretta, Patrick. "La responsabilité pénale du délinquant écologique." Lyon 3, 1997. http://www.theses.fr/1998LYO33001.
Full textRenaud, Durand Pascale. "La responsabilité pénale du chef d'entreprise." Montpellier 1, 1994. http://www.theses.fr/1994MON10025.
Full textShalbi, Gehad. "La responsabilité pénale du dirigeant d'entreprise." Paris 1, 2004. http://www.theses.fr/2004PA010281.
Full textCalvo, 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
Laslier, Pierre-François. "Réseaux sociaux numériques et responsabilité pénale." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0119.
Full textSpearheading the democratization of online speech, social networks have undoubtedly revolutionized our informational landscape by offering everyone the opportunity to express themselves and connect with others. Bearers of hope, these platforms have also contributed to the emergence of new forms of infringement that criminal law could not ignore. Digital raids, hate speech, sexual offences, deceit and offences to the personality, are some of the unlawful acts that are amplified by social networks, and that ultimately justify resorting to criminal law. The thesis delves into the relationship between this punitive branch of the law and social networks, and, more precisely, measures the impact of these online services on the conditions of criminal liability. Far from turning criminal liability upside down, the features of social networks spur a renewal of this repressive mechanism. On the one hand, the contours of the offences need to be renewed in order to embrace the interactive and intrusive dimensions of social networks. As a result, many offenses have to be confronted with these new communication media, such as press offences, sexual offenses, offenses against consent or offenses against privacy or identity. On the other hand, the specific functioning of these online services calls for a renewal of the rules relating to the repression lato sensu. Regarding social networks users, their repressive regime needs to be adapted to take the interactive nature of these media into account. Thus, the rules of attribution and punishment of the offenses have to be adjusted. Regarding platform managers, the growing awareness of their active role in the circulation of contents calls for a deepening of their repressive regime, in order to force them to anticipate the occurrence of offenses risks
Vilon, Guezo Gérard Hervé. "Responsabilité pénale du dirigeant : regard critique." Electronic Thesis or Diss., Orléans, 2016. http://www.theses.fr/2016ORLE2091.
Full textThe criminal liability system of the leader disconcerts by the originality of the legal mechanisms allowing itsimplementation. That responsibility reveals insufficiencies as well on the level of the incrimination as ofrepression. Whereas first is affected by serious conceptual and functional deficiencies, the second isdissociated by a doubly perceptible preeminence. The latter appears, on the one hand, by wideningunceasingly crescent of the sphere of repression, like by the multiplication of the potentially responsibleactors. Repressive excess is illustrated, in addition, by the reduced place booked with impunity. It appears,indeed, which the leader can only very exceptionally call upon usefully the objective and subjective causesof irresponsibility of common right, these last being generally, either misfit, or equipped with an impactlimited in its connection. The restriction of impunity in addition seems corroborated by the quasiimprescriptibilityof certain infringements aiming it. This criminal policy basically centered on repressionappears ineffective, even against-productive. Also, a critical analysis of the criminal responsibility of theleader makes it possible it to raise the insufficiencies of them and to underline contradictions of them. Itresults wondering about the appropriateness of repression in criminal law of the business and in redefiningon more coherent bases the criteria having to control the recourse to the penal sanction with regard to theleader. Such a redefinition makes it possible to operate a redeployment of repression towards civilalternatives to repressive or regulating purpose
Vilon, Guezo Gérard Hervé. "Responsabilité pénale du dirigeant : regard critique." Thesis, Orléans, 2016. http://www.theses.fr/2016ORLE2091/document.
Full textThe criminal liability system of the leader disconcerts by the originality of the legal mechanisms allowing itsimplementation. That responsibility reveals insufficiencies as well on the level of the incrimination as ofrepression. Whereas first is affected by serious conceptual and functional deficiencies, the second isdissociated by a doubly perceptible preeminence. The latter appears, on the one hand, by wideningunceasingly crescent of the sphere of repression, like by the multiplication of the potentially responsibleactors. Repressive excess is illustrated, in addition, by the reduced place booked with impunity. It appears,indeed, which the leader can only very exceptionally call upon usefully the objective and subjective causesof irresponsibility of common right, these last being generally, either misfit, or equipped with an impactlimited in its connection. The restriction of impunity in addition seems corroborated by the quasiimprescriptibilityof certain infringements aiming it. This criminal policy basically centered on repressionappears ineffective, even against-productive. Also, a critical analysis of the criminal responsibility of theleader makes it possible it to raise the insufficiencies of them and to underline contradictions of them. Itresults wondering about the appropriateness of repression in criminal law of the business and in redefiningon more coherent bases the criteria having to control the recourse to the penal sanction with regard to theleader. Such a redefinition makes it possible to operate a redeployment of repression towards civilalternatives to repressive or regulating purpose
Martel, Céline. "Les détenteurs de pouvoirs d'autorité et le droit pénal : essai sur une responsabilité pénale du décideur." Nice, 2004. http://www.theses.fr/2004NICE0060.
Full textThere is no penal responsibility for the decision maker. Several regimes modes coexist. The public decision makers, among whom the President of the Republic, the ministers or the members of Parliament, enjoy derogatory provisions to the common right protecting their functions. The company manager has the delegation of powers to exonerate his penal responsibility. This cause of no imputability, applied to all the decision makers, melts a penal responsibility for the decision maker superimposing himself on the existing modes. The decision maker is then distinguished from the only holder of capacities of authority power
Mauro, Cristina. "La responsabilité pénale des groupements dans l'espace international." Paris 2, 1999. http://www.theses.fr/1999PA020002.
Full textDubois, Charlotte. "Responsabilité civile et responsabilité pénale : à la recherche d'une cohérence perdue." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020066.
Full textStudying two separate disciplines, such as Civil and Criminal liability, it would not be expected to find any interactions between them: Civil Law repairs the damage caused to private interests; while Criminal Law punishes, thereby ensuring public interests. These differences in purpose justify a hierarchy of disciplines resulting in the supremacy of Criminal Law over Civil Law. However, it will be shown that the legislature and the judge are going in the wrong direction by considering that there is a difference of degree between Civil Law and Criminal Law where there is actually a difference in nature. This incorrect assumption has given rise to a widespread confusion where each discipline takes ownership of the considerations of the other: Civil Law becomes punitive, while, at the same time, Criminal Law becomes increasingly compensatory. The present work aims to denounce a double danger: first, Criminal Law abandons its protective function of public interests when it attempts to repair purely individual damages; second, a punitive Civil Law, detached from the fundamental safeguards that are attached to criminal matters, may prove to be a threat to individual freedoms. This cross-movement between the two disciplines jeopardizes the consistency of their respective systems: reciprocal influences must be revealed in order to better understand the weaknesses of legal liability and to propose remedies that ensure a consistent and complementary arrangement of legal rules
L'Hôte, Vincent. "La responsabilité pénale des membres des exécutifs." Nancy 2, 2001. http://www.theses.fr/2001NAN20009.
Full textColomb, Coralie. "La responsabilité pénale des professionnels de santé." Nice, 2004. http://www.theses.fr/2004NICE0045.
Full textThe study of the penal responsibility of health personal combines jurisdictional responsibilities and medical laws. Recently, suiting health personal like doctors or medical assistants has provoked a debate. The lawyer observes indeed a paradox when it comes to the suiting mechanism; application of the medical responsibility regime is opposed to the complexity of medical acts. This conflict of interest between patients and their doctors, each part being responsible of their rights and duties, is very specific to the penal medical law. Suiting medical personal concern imprudent acts that have provoked a corporal injury and sometimes death of the patient. Indemnisation of medical prejudices seems to be admitted and favoured by the legislator. It works in a civil process or in a both-part deal. That fits new patients' expectations. Excesses in penalisation of medical faults come from responsibility issues: penal fault and causality link with the damage. The penal exposure is copied on the court-suiting model. More favourable to the victims, repression is an open alternative for the patient, but its practical and conceptual contradictions have to be precise. Excessive repression of medical damages has theorical and legal causes. It has consequences on suits as the proof regime is eased. A better definition of faults in the medical law would allow conciliation of health personal, patients and the society's interests. Without making doctors "untouchable", the law must adjust an acceptable penal frame for all actors in the system
Lapérou, Béatrice. "Responsabilité civile et imputabilité." Nancy 2, 1999. http://www.theses.fr/1999NAN20001.
Full textImputability, a factor that constitutes civil liability beside damage offence and causality assumes a nature which is both subjective and objective. This causal connection that enables to know the person responsible from the generating fact of the damage reveals man's place in the civil liability mechanism. The analysis of the evolution of civil liability in the eyes of imputability reveals the close connection between these two concepts and the problem raised by their gradual parting. Imputability used to hold a place of outstanding importance in the way in which the responsible person was designated. Nowadays three logics coexist: when we look at imputability from a moral and material point of view, it enables compensation as well as repression and prevention. It is split up in the cases of parties, body corporates, professionals liabilities and in the cases of general liability due to things and people. The suppression of its moral feature has enabled to involve the unequal persons ‘liability and has led to an extension of the notion of custody which is the foundation of the indirect liabilities. Then, only the theory of risk can explain such solutions. Imputability has been entirely suppressed by the creation of cases of rightful liabilities and by the renunciation of the non-imputability causes such as the case of absolute necessity (the infected blood case). In these assumptions, it is impossible to keep the true meaning of the word 'liability' and only the theory of guarantee can justify the irrefragable nature of the liability presumptions. This evolution is due to the development of the systems of collectivization of risks (assurances, guarantee fund, national health)
Sardachti, Marie-Jeanne. "La preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111014.
Full textThis thesis deals with the study of the relationship between evidence and criminal responsibility of high ranking officers before international criminal courts. These courts judge the persons responsible for having committed mass crimes. The question is how they proceed, on which evidence they rely and which mode of participation is the most adequate to do so
Khalifa, Ahmed Fathy. "Les techniques d'imputation devant les juridictions pénales internationales : réflexion sur la responsabilité pénale individuelle." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3017.
Full textThe establishment of International criminal tribunals raises the question of techniques of attributing criminal liability. Having the individual as « subject », the principle of individual criminal responsibility is at issue. On the one hand, International criminal law borrows traditional techniques of imputing liability from national law. Not only those techniques that depend on the completion of an international crime; as forms of perpetration and complicity, but also those that attribute responsibility independently of the completion of international crime; as attempt and specific incrimination of some forms of complicity. Individual criminal responsibility in its traditional connotation is confirmed. On the other hand, International criminal law forges new techniques of imputing liability to accommodate the collective nature of international crimes. Based on the idea of « group » action, associative techniques are introduced. As such, the responsibility for membership in criminal organisation, or even the responsibility for group crimes through notions like « joint criminal enterprise » or « joint control » are applied. In the meanwhile, the structural aspect of entities committing international crimes is taken in consideration. Superiors who manipulate organisations under their control are considered as indirect perpetrators. Also, superiors who fail to stop or to punish crimes committed by their subordinates are held responsible. Each one of these new techniques of imputing responsibility metamorphoses one or more aspects of what is generally intended by the principle of individual criminal responsibility. Reconstructing the notion seems due
Jaoul-Le, Mouel Sonia. "La corruption et la responsabilité pénale des élus." Montpellier 1, 2000. http://www.theses.fr/2000MON10072.
Full textSaatsaz, Mehrad. "Responsabilité civile, pénale et fiscale des dirigeants sociaux." Paris 1, 2005. http://www.theses.fr/2005PA010274.
Full textNtsama, Michel. "La responsabilité pénale des agents publics au Cameroun." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Full textOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Ntsama, Michel. "La responsabilité pénale des agents publics au Cameroun." Electronic Thesis or Diss., Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCD025.
Full textOne of the most important thing in cameroon actuality since 2004, is the apparent penalisation of public agents responsibility. However, these appearences appear just to be the tree hiding a forest of impunity. That impunity, which sometimes can be considered as encouraged by authorities, led some authors to speak about "the reinstitutionalisation of infractions by the STATE" to demonstrate how, the STATE with his power can make something illegal seen as legal.Thus, the question "do a penal responsability for public agents still exist in Cameroon ?" seems to be a logic confusion which the present work should try as possible to clarify and understand. Nevertheless, let us mention that the Cameroonian law clearly forbid and condemn all the responsibles, even public agents, of infractions. By then and as a matter of fact, all the public agents are penaly responsible. But although there exist a law for it, many things can be done in order to improve that law for the Cameroon to become more rightious
Behloul, Zoubir. "La responsabilité pénale en droit français et algérien comparés." Paris 2, 1994. http://www.theses.fr/1994PA020056.
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?
Hecquet, Virginie. "Les présomptions de responsabilité en droit pénal." Lille 2, 2006. http://www.theses.fr/2006LIL20019.
Full textThe existence of presumptions of responsability in criminal law displays evidence of an antagonism which rules over the subject, between on one hand the protection of general interest – by the prosecution of the offenses that undermine it – and on the other hand the protection of individual rights – which tend to be a safeguard to the ordinary individual against any unfair sentence. While the presumption of innocence compels – in theory – the prosecuting counsel to bring forth proofs of the guilt of the accused person and to concede the latter the benefit of the doubt, the presumptions of responsability allow to ensure the efficiency of repression when there is unusual difficulties in proving because the common rules of proof turn out to be insufficient in such a process. Consequently, despite sharp doctrinal protests they have been the object of he presumptions of responsability are in no way at variance with the principle of the presumption of innocence. Actually, in the proper dispensing of penal justice, they appear to be counterpart of such a principle. The best proof of it stands in the truth is invested with a cardinal importance considering the interests concerned in a penal lawsuit, the presumptions simply facilitate the proof of the offense or the identification of its perpetrator, these rules directly tend to establish the existence of a vicarious responsability based on the professional position of the prosecuted person. Repressive law is therefore using a system of responsability without fault which is incompatible with the fundamental principles of criminal law and with the requirement of demonstration the truth. Thus, these rules should be ruled out, contrary to the true presumptions of responsability, whose practical legitimacy definitely appears to contribute, as rules of proof, to the achievement of the objectives of repressive law
Saint-Gérand, Valérie. "La culpabilité dans la théorie de la responsabilité pénale." Lyon 3, 2000. http://www.theses.fr/2000LYO33031.
Full textLuquet, de Saint Germain Caroline. "Contribution à l'étude de la responsabilité pénale non intentionnelle des décideurs." Montpellier 1, 2006. http://www.theses.fr/2006MON10015.
Full textGarcia, Ducros Isabelle. "Responsabilité pénale et faute non-intentionnelle du praticien médical." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD021/document.
Full textIn a society where the issues of health are prominent, the doctor-patient bond is now desecrated as the load of responsibility bearing on the activity of medical practitioners has not stopped growing these last decades.Exercising within a complex and technical social order that puts a principle of intangibility on the human body, simultaneously purpose and object of medical practice, the penal responsibility of medical practitioners may be engaged even if the penal fault was non intentional.Yet, in spite of the particularism of the medical activity, and whilst we could fear a phenomenon of judicialisation which could lead medical practitioners to be more often in the forefront of the repressive judicial system, the penal responsibility of the medical practitioner who has committed a non-deliberate fault is engaged according to common rules and the principle of a non-deliberate guilt that represents an exception in criminal law.In terms of penal responsibility, not only do we look for someone responsible of a fault, but also the culprit guilty of a crime or an offence.This observation raises the question: does a medical practitioner, pursued on the basis of a non-deliberate médical fault leading to the death or injury of his / her patient, have the faculty to foresee the judicial consequences and to effectively organise his / her defence.The study of this issue highlights an insufficient text, interpretative by nature, based on a non-deliberate guilt in which the moral element, theoretically necessary to fully characterise the offence, is a legal fiction.De facto, one can therefore query the very essence of guilt in case of a non-intentional offence.Thus, fragile in its principle and questionable in its wording, common criminal law relative to a non-deliberate fault has led to an exorbitant responsibility placed upon medical practitioners.Research has put forward evidence of a contingent of praetorian law with components of non-deliberate faults, and notably the causal components through a jurisprudential approach which is not only pro-active and creative but also liberated from the text.The analysis also reveals an apprehension of the penal medical fault which would depend on the medical expertise, substantially legitimate, but considered illegitimate from the criminal proceedings point of view as it is deemed insufficiently contradictory.These two characteristics of the judicial apprehension of the medical penal fault could allow us the possibility to envisage a legal evolution
Robaczewski, 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. .
Tran, Van Dung. "Approche comparée de la gestion de la responsabilité pénale du mineur en droit français et vietnamien." Rennes 1, 2010. http://www.theses.fr/2010REN1G022.
Full textJacopin, Sylvain. "La responsabilité pénale du mineur : essai de contribution à l'évolution du droit pénal des mineurs." Paris 1, 1999. http://www.theses.fr/1999PA010309.
Full textTralongo, Audrey Nathalie Gabrielle. "Essai sur la bonne foi en droit pénal : Contribution à l'étude de la responsabilité pénale." Montpellier 1, 2009. http://www.theses.fr/2009MON10013.
Full textEffa, Joseph Pierre. "La responsabilité pénale des ministres sous la Vème République." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40006.
Full textMohamed, Elsayed Kamal Eldin. "Le problème de la responsabilité pénale des personnes morales." Paris 1, 1988. http://www.theses.fr/1988PA010251.
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?
Charpentier, Stephane. "Contribution à l'étude de la faute pénale d'imprudence." Montpellier 1, 1993. http://www.theses.fr/1993MON10029.
Full textIf everyone can imagine any infraction, he can't about unintentionnal violation, the unvolontary fault isn't definite except for exemples. It's possible to specify the definition of the fault by studying others composed elements; but the study of legal and material elements shows the fault is a changeable notion, which qualifies the hazard as well as the volontary act. The fault would be a sort of abstraction. Then, this misconception is opposed by a certain doctrine; the applications of this actual view are meaningful. If same causes give same results, then the new penal statute-book would consecrate this second conception. But their dispositions mix up both ideas. However this code shows a definitive evolution, leaving magistrates the possibility of repressing only the second type of fault; because its legal estate would be confined
On, Mathieu. "Essai sur la notion de discernement en droit pénal : Contribution à l'étude de l'élément moral de la responsabilité pénale." Montpellier 1, 2009. http://www.theses.fr/2009MON10010.
Full textLorrain-Bertagna, Isabelle. "Le statut juridique des infractions d'imprudence et le droit pénal général." Nice, 1996. http://www.theses.fr/1996NICE0001.
Full textVincent-Comte, Sandra. "Le principe de la responsabilité pénale personnelle : réalité ou fiction?" Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/in/theses/2005_in_comte_s.pdf.
Full textHers, Serge d'. "Norme pénale et groupements sportifs." Limoges, 2001. http://www.theses.fr/2001LIMO0485.
Full textReinaldet, Dos Santos Tracy Joseph. "La responsabilité pénale à l'épreuve des personnes morales : étude comparée franco-brésilienne." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10025/document.
Full textThe criminal liability of the companies exists in French criminal law and in Brazilian criminal law. In these legal systems, it has raised a number of dogmatic problems. These dogmatic problems could be summarized in the following question: how could we adapt the theory of infraction and the theory of criminal responsibility to the peculiarities of the companies? This question is the central point of this work which seeks to analyze the movement of harmonization between criminal law and companies. In this analysis, our study was divided into two parts. In the first part, we will analyze the adaptation movement that was carried out by criminal law, in the sense of adapting some concepts to the intangible nature of the company. In the second part, we will examine the creation movement that was conducted by criminal law, in order to create new legal concepts, which were designed especially for the companies
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
Parent, Hugues. "Responsabilité pénale et troubles mentaux, histoire de la folie en droit pénal français, anglais et canadien." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0006/NQ42266.pdf.
Full textMaatouk, Salah-Eddine. "La responsabilité pénale des personnes morales en droit marocain : contenu et portée d'un droit pénal spécial." Perpignan, 2004. http://www.theses.fr/2004PERP0589.
Full textAboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Full text« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Ayed, 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