Dissertations / Theses on the topic 'Sanction répressive'
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Chouvet-Lefrançois, Amandine. "La sanction répressive dans le droit français contemporain." Toulouse 1, 2006. http://www.theses.fr/2006TOU10045.
Full textThe concept of criminal penalty lacks consistency and unity. It is hard for lawmaker to determine its implementation rigorously, sometimes depreving it of its punitive character. The Constitutional Council ant the European Court of Human Rights apply common basic rules to penalties gathered under the concepts of "criminal charge" and "punitive penalties". Their approach is nevertheless limited as the characterization criteria they use are controversial and can be hard to construe. Thanks to punitive penalties, the inconsistencies of criminal law can be made up for. Based on this concept, punitive law gathers all punitive measures into a set of common rules. Any penalty which is the consequence of a fault cannot be imposed unless it is authorised by statute, matches the severity of the fault, complies with the right to a fair trial and is justified
Koukezian, Thomas. "Sanction pénale sanction disciplinaire." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G018.
Full textDeux thèses s’affrontent concernant les liens qu’entretiennent la sanction pénale et la sanction disciplinaire. Une première conception considère que la sanction disciplinaire est distincte de la sanction pénale. Elle en diffère tellement qu’on ne saurait les rapprocher. L’autre conception, plus actuelle, considère que la sanction disciplinaire est une variété de la sanction pénale, qui la supplée ou la double, et qui obéit, en partie du moins, à des principes communs. La deuxième conception semble évidemment plus en phase avec la réalité. Cependant, cette façon d’entrevoir ces deux matières ne fait point l’unanimité. En considérant la sanction disciplinaire comme une fraction de la sanction pénale, comment entrer dans une telle considération devant le principe d’indépendance qui tient à distance les deux sanctions ? Et, si ce principe tient à distance les deux sanctions, c’est donc qu’il existe un domaine propre à chacune d’elles et une frontière entre ces deux domaines. L’étude consacrée aux sanctions pénales et disciplinaires se propose de tracer une frontière lisible entre ces deux sanctions et de mettre en lumière les caractéristiques peu connues de la sanction disciplinaire
Hardy, Charles-Henri. "La répression en matière fiscale en France : 1789-2019." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D079.
Full textIn France, since 1789, the administrative and criminal authorities are alternately or concurrently competent to punish tax defaults. Allowing for an arbitration between the exemplary nature of sanctions and the celerity of their infliction, the duality of repressive organs leads to a dual regime of tax sanctions. The differences in regime applicable to the same legal classification of tax sanctions, the possibility of repressing differently the same breach, the absence of a global scale of sanctions, the limited effectiveness of sanctions or variations in the qualification of sanctions, all underline the lack of unity in the repression of tax matters. The absence of unity, however, does not imply the absence of consistency in repression. The diversity of possible responses to tax failures can indeed allow for an adaptation of the repressive system and reveal a consistency in the repression from a political point of view. As confirmed by the historical evolution of repressive tax norm the duality of the repression routes conveys the search for efficiency in policies combatting tax defaults. The historic recurrence of a strengthening of fiscal sanctions, however, shows that the intensification of sanctions incurred does not automatically increase the population's tax compliance. To fight effectively against fiscal failures, repression must be endorsed by the sanctioned person and the population. To achieve this, it must be understood; in the absence of unity, coherence must be ensured
Chiari, Joseph. "La répression des infractions fiscales : sanctions administratives et sanctions pénales." Toulouse 1, 1999. http://www.theses.fr/1999TOU10075.
Full textBourgeois, Aline. "Les sanctions répressives dans le système français de Sécurité Sociale." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40062.
Full textAlthough repressive sanctions exist in all the branches of law, they mainly conjure up a vague concept part of the legal standards one easily has an idea of without actually being able to provide a precise definition. Doctrine agrees to consider that such a sanction is a measure characterized by a punitive intention designed to repress a faulty behaviour. Because they have been, for a long time, regarded as ascribed to the judge, it's only around thirty years ago, that repressive sanctions have benefited from specific rules. To be more accurate, the Constitutional Council has extended the warranties granted to the person subject to trial because of penal proceedings, to all the sanctions withn a punitive nature, even to those delivered by a non jurisdictional authority. Consequently, the proposed study offers a dual interest : on the one hand, it illustrates the diversity of repressive sanctions specific to the french social security system and the difficulty to identify the repressive purpose of many of them ; on the other hand, the determination of the repressive sanctions affords their confrontation to the rules of the sanctions of punitive nature which points out that efforts are still necessary to the person taken to court the application of a just and justified sanction and to allow (her) to exercise a protest recourse in the total respect of his (her) rights
Saillard, Alban. "L'appropriation des règles pénales par le juge administratif répressif." Orléans, 2000. http://www.theses.fr/2000ORLE0009.
Full textDebove, Frédéric. "Le renouvellement des normes répressives françaises par le droit européen." Paris 2, 1995. http://www.theses.fr/1995PA020089.
Full textThe power to issue criminal and quasi criminal norms represents one of the principal prerogatives of the sovereign state. One would expect such a power to be impervious to outside influence. However, european law can and does modify our system of criminal and quasi criminal law. The requirements derive in the first place from the convention for the protection of humain rights and fundamental freedoms, but our policy in the field is also dependant on the europe of the communities, as moulded by the maastricht treaty. Following the example of the human rights community, the economic community of europe also issues rules which represent limitations on the freedom to create and restrain national criminal and quasi criminalnorms. Now, criminal norms become subordinate to european regulation. The extent of this amendment can usefully be assessed by reference to the impact of european law on the ofence and the penalty. Such is the aim of this study
Segretain, Solenn. "La répression de la discrimination." Rennes 1, 2005. http://www.theses.fr/2005REN1G004.
Full textDiscrimination is prohibited by law but discriminatory acts are still evident in society. In reality, the misreading of the notion of discrimination makes it difficult to build up a judicial, single and lasting definition. For reasons of the many concepts concerning discrimination - attack on dignity or on equality - and because of the multiplicity of rules, the system of sanction is hypertrophied, contains incoherences and, therefore, is hard to apply. In order to solve these problems, it is necessary to distinguish the intentional discriminations, punishable by penal law, from discriminations with no ill intent, punishable by civil law. Then, it is suggested to create a specific mediator procedure, executed by an administrative committee, and to entrust the criminal jurisdiction of first degree with the whole of the litigation. This court would remain competent in te case of a discharge, to determine civil liability
Hedabou, Aziz. "La règle "non bis in idem" : essai d'étude critique en droit répressif pénal et en droit répressif extra-pénal." Toulouse 1, 2008. http://www.theses.fr/2008TOU10049.
Full textBreen, Emmanuel. "Le rôle de l'administration dans les procédures répressives." Paris 11, 2000. http://www.theses.fr/2000PA111005.
Full textPoelemans, Maitena. "La sanction dans l'ordre juridique communautaire : contribution à l'étude du système répressif de l'Union européenne." Pau, 2004. http://www.theses.fr/2004PAUU2011.
Full textThe importance of sanctions within the legal order of the European Union has long been acknowledged. This stems principally from the necessity to ensure the effectiveness of EU law and to protect it against increasingly serious infringements. The multiplicity of sanctions and the similar logics presiding their adoption enable them to be classified within a legal regime specific to the legal order of the European Union. Sanctions, whether national or European, criminal or administrative, present characteristics that are inherent in this legal order. Their determination, pronouncement and implementation exhibit similar traits enabling the establishment of a legal regime of sanctions within the legal order of the European Union. The study of sanctions in the European Union shall not, however, be limited to their legal regime. The harmonisation of criminal sanctions by the Treaty of Amsterdam, the introduction of new actors favoring the emergence of an area of freedom, security and justice and the submission of sanctions to fundamental rights are aspects that go beyond the more legal regime. Sanctions thus appear as the central element of a European repressive system in the making
Zhou, Wei. "La répression de la fraude fiscale en droit chinois." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0004.
Full textSince taxes were invented, there is always an attempt to avoid paying taxes. In other words, there is an unbreakable link between taxation and tax evasion. Due to the fact that tax evasion can cause considerable damage to the National treasury et produce other serious consequences, the fight against this phenomenon is always a major concern of government for all countries. Indeed, the fight against tax evasion is a very broad subject. Many factors influence the effectiveness of this fight. But among these factors, punishment undoubtedly plays a major role. Because the fear of being caught and the fear of being punished play a significant role in the propensity to avoid taxes. Thus, to improve the effectiveness of the fight against this illicit phenomenon, it is important to study the penalty for tax evasion. In China, since the economic system has developed gradually from a highly centralized planned economy to a market economy, the phenomenon of tax evasion gets worse rapidly. Therefore, in the last twenty years, the Chinese government gradually hardens its policy to fight against tax evasion and pays more attention to legislation in this regard. Much effort has been made. Nevertheless, the Chinese system of repression of tax evasion still presents many problems affecting the effectiveness of the fight against tax evasion. To this end, it is necessary to identify existing problems in the current system and see if it is possible to find out some solutions to improve the efficiency of repression
Degoy, Dominique. "Les sanctions de la liberté de communication audiovisuelle. Contribution à l'étude de la répression administrative." Toulouse 1, 1993. http://www.theses.fr/1993TOU10022.
Full textBy subordinating the audiovisual communication activity to the obtaining from an "independent authority, the csa (conseil superieur de l'audiovisuel) prior administrative permissions, the legislator is in contradiction with the system of freedom he claims to protect : "the audiovisual communication is free". Actually as a counterpart of the granting od authorisations, the private services of audiovisual communication are submitted to some obligations. Abiding by them is ensured by an elaborate system of administrative sanctions that tend to replace repressions. Thus, having predominently recourse to administrative repression is veryhelpful for regulating audiovisual communication but detrimental to freedom. This repression is enforced by an administrative authority and thus the persons sanctioned do not enjoy the same legal guarantees as those available in the case of penal repression
Joseph-Ratineau, Yannick. "La privatisation de la répression pénale." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1009/document.
Full textIt is traditionally allowed that the criminal law has as a function to defend the general interest, which explains the preeminent role of the State throughout the repressive process. However, the analysis of the substantive law puts forward an extension of the normative function of the criminal law in the direction of the private interests, individual or collectives which can only upset the functions traditionally assigned with the criminal responsibility and with the penal sanction which accompanies it. Because the private interests compete with the general interest in the order of the values protected by the texts from incrimination, the rules of the criminal responsibility and the functions of the penal sanction from now on are requested to solve litigations between individuals, and to ensure the compensation for the damage caused by the infringement. Because the configuration of the actors to the criminal trial is only the reflection of the values protected by the penal standard, the introduction of the private interests into the field of protection of the criminal law naturally involved a change of the traditional distribution of the processual roles of the judge and parts in the criminal trial with the profit as of private parts. Even if this change found in the influence of the European model of fair trial the compost favorable to such an evolution, this one played only one catalyst part in the rise of the parts in the control of the direction of the penal authority as in the control of the litigious matter; the true cause of these evolutions, it is the privatization of penal repression
Bauchot, Bertrand. "Sanctions pénales nationales et droit international." Phd thesis, Université du Droit et de la Santé - Lille II, 2007. http://tel.archives-ouvertes.fr/tel-00200035.
Full textprivilégié.
Turrin, Marion. "La légitime répression de la fraude fiscale." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32001/document.
Full textThe tax fraud repression legitimacy refers to the different prerogatives the fiscal administration implements to prevent, detect and sanction anyone trying to shirk its tax responsibilities. This process, that must be coordinated with the fundamental rights, is part of tax rules.This requirement, part of the Constitution, involves a balance between relations that is difficult to reach.This fight against tax fraud, lawful objective in the way it preserves tax equality, justifies the use of measures that infringes fundamental rights and weakens the legal security any taxpayer has the right to pretend.These guaranties opposed themselves to the tax administration and its ability to appreciate the different breaches it notices without any limitations.The judge role is then fundamental since he has to preserve anyone’s rights and duties, he participates to the creation of a basis of obligations that have to be followed for each procedure, and that are reused afterwards by the legislator
Taibi, Achour. "Le pouvoir répressif des autorités administratives indépendantes de régulation économique, témoin de la consécration d'un ordre répressif administratif : étude comparative des droits français et algérien." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010275.
Full textThe advent of the quasi autonomous non-governmental organizations of economic regulation has largely contributed to the consecration of an administrative repressive order beside the penal order, as well as it contributed to the renewal of the concept of administrative sanction. The repressive power of the Quango challenges us in many respects, because illustrates the exorbitance of the administrative law and the powers of the administration in economic matters
Dellis, Georges. "Droit pénal et droit administratif : l'influence des principes et des techniques du droit répressif sur le droit administratif." Paris 2, 1994. http://www.theses.fr/1994PA020066.
Full textDue to the fact that the administrative repressive powers have been constantly strengthened, public administration cannot any more by ruled exclusively by classic administrative law. A number of principles, traditionally located merely on a criminal context, are also being used in administrative affairs. Therefore, criminal law exerts an influence on administrative law, which is worth a thorough examination. The first chapter deals with the drawing of the frontiers separating the "administrative" from the "criminal". The analysis of the distinctive criteria concerning administrative and criminal infractions and punishments permits to define the reasons of the influence exerted by criminal law. The second chapter responds to the necessity of locating the sphere of this influence. It results from our analysis that this influence concerns only the administrative repressive law. In the third chapter, we proceed to a concrete analysis of the criminal principles and techniques transferred to administrative law, such as nullum crimen nulla poena sine lege, non bis in idem, proportionnality, retroactivity in mitius, rights of defence, in dubio pro reo, etc. The recourse of public authorities to the techniques of investigation and transaction is finally examined
Keita, Boubou. "La répression administrative, source de normativité : essai sur la contribution de la commission des sanctions de l'AMF à la régulation financière." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010274.
Full textIn France, the financial market regulation is ensured by the Financial Market Authority (Autorité des marchés financiers) (hereinafter the AMF). Independent public authority with legal personality, the AMF is composed of a College and a Sanctions Committee (Commission des sanctions) and has a power of sanction against stock market offenders. This power of sanction is exercised by the Sanctions Committee (Commission des sanctions). The brevity of the texts and the need to provide financial market participants with a code of conduct on law enforcement, has led the Sanctions Committee (Commission des sanctions), under the control of judges, to a creative work through its jurisprudence. Guidelines have thus emerged on the definition of the main principles of financial law. This judge-madefinancial law is based on clearly defined judicial policy and is designed to ensure the integrity of the financial markets and investor protection. The Sanctions Committee (Commission des sanctions) has become a key player in the financial regulatory system and a source of financial law. This thesis aims at describing this new judge-made-law in its criminal and economic dimension
Mohyeddin, Mohamad. "Les procédures appliquées à la répression des infractions boursières : une étude comparée en droits français et syrien." Poitiers, 2011. http://www.theses.fr/2011POIT3009.
Full textThe incrimination of stock exchange offences appeared in all the juridical systems as imperative essentials to moralize the speculation on the stock exchange. In effect, stock markets can resist to certain financial crises which appear during the bad performance of certain titles, but they will not survive the erosion of the confidence of the investors under the influence of a violation the principles governing the rules of the game of speculation on the stock exchange. .
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
Cornu, Julie. "Droit au procès équitable et autorité administrative." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020068/document.
Full textThe right to a fair trial is enshrined in the article 6§1 of the European Convention on Human Rights and irradiates now all French law. In the context of the subjectivization of the law, administrative law is also subject to this "unstoppable rise of disputes in the name of the right to a fair trial" (Mrs. KOERING-JOULIN). This assertion is particularly true regarding the powers of sanction and the settlement of disputes granted to the administrative authorities. The European definition of the right to a fair trial applied by the Court of Cassation and adapted by the Council of State allows a wide application of this right. So, given the current state of the administrative case law, the right to a fair trial can be usefully claimed against independent administrative authorities as regard either their law enforcement activities or litigation practice. And the tax administration has also been compelled to respect this fundamental right for eight years now. In line with this settled jurisprudence, the extension of the right to a fair trial to all the administrative authorities may be the way of the future. But such an evolution raises a few questions. Isn't the increasing jurisdictionalization of the administration activities as a result of the right to a fair trial an inconsistency in itself? Doesn't it go against the primary goal of the outsourcing of the administrative penalties? More fundamentally, doesn't subjecting the administrative authorities to the specific principles of court procedures participate in reinstating some confusion between administration and jurisdiction? Isn’t it the rebirth, under a new form, of the administrator-judge we thought was long gone?
Tano-Bian, Anmonka Jeanine-Armelle. "La répression de la cybercriminalité dans les Etats de l’Union européenne et de l’Afrique de l’Ouest." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015PA05D005/document.
Full textEach party of the space, realized by the ground, maritime or air borders is desired by the nations which succeed in making it private grounds with the exception of a single component: the cyberspace. This place of exchanges and circulation of information freed itself from this cornering. It is what makes it real for the uses which it allows (sendings of messages, broadcasting) of real-time information, trainings and virtual (as far as the digital networks follow with difficulty localizable paths) in the point to generate difficulties as for its frame by the law. From then on, the cyberspace sets up itself as a space where it is easy to cultivate illegal activities considering the opportunities which it offers. The illegal activities marry forms pluridimensionnelles and complex which we group under the generic naming of cybercrime. Due to its nature and its subdivisions, the cybercrime is the object of reflections, studies, searches, implementations of politics and of actions in a national and international scale to reach in his eradication. The actions are led in way coordinated between States and institutions. The fight against this interplanetary phenomenon requires the mutualization of the efforts on behalf of the actors of telecommunications, computing, all the professional layers as well as her on behalf of the consumers under reserve that they are informed well about the risks connected for the cyberspace. The study compared by the systems of repression implemented in the European and West-African spaces will allow to understand better the exercise of the penal sovereign right in front of the cybercrime and the importance of collaborations between these two community spaces
Nory, Yoshanloey Jafar. "Essai sur les finalités punitive et réparatrice des responsabilités civile et pénale en droit français et iranien." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10024.
Full textThe contemporary distinction did not prevent the civil and criminal liability to move toward a practical reconciliation in both French and Iranian law. We have show that restorative function of the civil liability can add up to a punitive function that is embodied the “private punishment” and the repressive function of criminal liability create a restorative function called “criminal restitution”. Through the pronouncement of damages officially compensated but objectively punitive, the Courts are able to repress behaviors which they consider to be punishable. Thus, the formalization of punitive damage seems not onlypossible, but also extremely useful. At the same time, criminal liability develops an undeniable restorative dimension, making it possible to ensure the repair of all the heads of damages suffered by a victim or to further discourage the illegal situation. The restitution is thus used as a tool for repression. Graft prosecution, it becomes a way of relieving the courts and contracting of the criminal trial. Incorporated into the sentence, it allows individualizing the criminal sanction. The two modes of liability must come together in a coherent perspective of legal liability so that justice is done with a social dimension
Okou, Urbain. "La sécurité juridique en droit fiscal : étude comparée France-Côte d’Ivoire." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D022.
Full textFrance and Côte d'Ivoire are two countries with similarities mainly due to their common colonial past; but they are also two countries with many differences especially due to their level of development. While the rules of substantive tax law within each of these two countries make it possible to study the requirements of legal certainty and the means whereby they are taken into account, it is actually the procedural practice that reveals more substantively the effectiveness of this consideration. It should also be noted that the issue of legal certainty is often reduced to the only requirements of accessibility, stability or predictability of the standard. This actually reflects a partial approach to the requirements of legal certainty that tends to limit its study to the formal quality and the temporal evolution of legal acts. Taking into account a plurality of different legal systems, however, reveals that the concept of legal certainty does not necessarily lead to an unequivocal content. Indeed, since legal certainty is not always expressed in identical terms from one legal framework to another, legal certainty could prove to be polysemic, or even antinomic, from one legal and fiscal system to another. Thus, beyond the norm, legal certainty also applies to the legal framework and system as well as to the legal and judicial practice. Legal certainty thus, appears in tax law, as an expression of the reliability of a legal and fiscal framework and system, through quality standards, offering a guarantee of accessibility and intelligibility, as well as means for the taxpayer to build predictions or satisfy those legitimately built. Moreover, beyond the framework imposed by the present dissertation, it is important to deal with the problem of legal certainty in a less restrictive way, so as not to obscure the historical, philosophical, sociological and legal aspects essential to a holistic study of the issue