Tesis sobre el tema "Crime organisé – Lutte contre – Europe"
Crea una cita precisa en los estilos APA, MLA, Chicago, Harvard y otros
Consulte los 44 mejores tesis para su investigación sobre el tema "Crime organisé – Lutte contre – Europe".
Junto a cada fuente en la lista de referencias hay un botón "Agregar a la bibliografía". Pulsa este botón, y generaremos automáticamente la referencia bibliográfica para la obra elegida en el estilo de cita que necesites: APA, MLA, Harvard, Vancouver, Chicago, etc.
También puede descargar el texto completo de la publicación académica en formato pdf y leer en línea su resumen siempre que esté disponible en los metadatos.
Explore tesis sobre una amplia variedad de disciplinas y organice su bibliografía correctamente.
Alnuaimi, Buti. "La lutte contre le crime organisé aux Émirats arabes unis : stratégie et coopération". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0036/document.
Texto completoA thesis devoted to the fight against organized crime in the United Arab Emirates may seem rather surprising. Security in this country is at a very high level and the authorities maintain a very strong control over a 90% foreign population. Generally regarded as one of the safest countries in the world, organized crime has no place in the UAE. But the subject is justified because the fight against organized crime can only be conceived in a global framework that puts countries in advanced economies at the forefront. The UAE is a major partner in the strategy and international cooperation that has been developing steadily for more than 30 years to reduce criminal organizations. These still active organizations have been joined by terrorist organizations that finance themselves through trafficking and illegal activities. This junction between crime and terrorism, proven by field investigations, is a factor in worsening instability and a challenge for police forces. In the Gulf, there is a need to closely monitor trade flows that may conceal criminal activity. But it is also necessary to detect financial flows from criminal activities that are recycled in the prosperous economy of the UAE. On both counts, the UAE plays a decisive role because of its significant financial resources, surveillance technologies and the political will of its leaders. This thesis places the action of the Emirates in the normative and institutional framework established by treaties, relayed by national law. In this area, it is unreasonable to target the disappearance of organized crime, which is an activity linked to the globalization of world trade. The achievable objective of the Emirates is not to allow the implantation of organized crime on its territory. From this point of view, this goal is achieved and the efforts of UAE authorities and police forces are tense towards a consolidation of this result for the future
Gautier, Budai Anne-Elisabeth. "Les instruments internationaux de lutte contre la criminalité organisée en Europe du Sud-Est". Paris 1, 2010. http://www.theses.fr/2010PA010302.
Texto completoLima, José Antonio Farah Lopes de. "La lutte contre le blanchiment d'argent en Europe : apport pour une réflexion sur la transposition du modèle européen au Mercosur". Paris 1, 2008. http://www.theses.fr/2008PA010261.
Texto completoCapdevielle, Régis. "L'action européenne dans la lutte contre la traite des êtres humains". Toulouse 1, 2010. http://www.theses.fr/2010TOU10056.
Texto completoTrafficking in human beings is often presented like a new infringement, resulting from the contemporary evolutions and problems. It is obviously not the case when it comes to the exploitation of the prostitution of others. A strong will to prevent and combat this criminal phenomenon quickly developed in Europe. The legal arsenal adopted by the European union and its Member States, if it remains somewhat incomplete, testifies nevertheless to an adequacy between the measures taken and the complexity of the phenomenon, particularly concerning the various forms of recruitment, transport and exploitation of victims. Police authorities are brought to play a decisive part in this action, which is based at the same time on a global and precise vision of human beings trafficking. Consequently, police co-operation development is an essential element. Thus, Europol seems to be the most adapted European Law Enforcement Agency to facilitate this co-operation and plan an effective police action against trafficking. If it does not have operational capacities of execution, it enables nevertheless police information to circulate freely in Europe and represents an added calue in the fight against serious forms of criminality. The various studies that Europol carries out and the statistical data relating to the activities of organised crime in relation to trafficking which it organises are major assets in the fight against this criminal phenomenon. This support to the national authorities must consequently be developed and more frequently used
Paris-Ficarelli, Natacha. "L'appel de Genève : une mobilisation européenne de magistrats contre "la criminalité organisée" et pour la mise en place d'un espace judiciaire pénal européen : contribution à une sociologie de l'activisme politique de la magistrature en Europe et de ses usages politiques dans l'Union européenne (1996-2001)". Strasbourg 3, 2006. http://www.theses.fr/2006STR30027.
Texto completoThe Call of Geneva provides a privileged field of study to examine the politization and europeanization process of certain category of domestic magistrates : the "new judges" with the experience of international criminal cases. Our study begins by emphasing how the magistrates innovate in their political practices and participates in the political debate. Although they adopt an apolitical posture in the public area, they seize the opportunity offered by Europe to focus their discourse on the development of organized crime in this area and on the need to set up a "real European judicial area". We susbsequently analyse this cause from the angle of the institutions and professionnal practices in the European union arena. This perspective highlights the way in which these professional of the judiciary, in alliance with peripheral decision-makers, participate in the governance of the European union in the fieldof the third intergovernmental pillar in the second half of the 1990's
Panait, Romana. "La lutte contre la criminalité transnationale organisée comme reflet du processus d'adhésion de la Roumanie à l'Union européenne". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010333.
Texto completoRomania's request for accession to the European Union launched a process of constant and extensive examination of its capacities to integrate. In order for the country to satisfy the European requirements, the European Union imposed a series of criteria to be respected and obligations to be fulfilled. The country found itself completely transformed after the transposition of the European acquis. The Romanian legal system was fundamentally reshaped and, in this context, an evaluation of the Romanian legislation before and after the accession displays a particular high rate of transformations in the criminal field. This transformation of the criminal field in its entirety is best expressed by the profound change of the legislation concerning the transnational organized crime. From a point of almost complete lack of rules in this field, the implementation of the European acquis caused a real “bursting” of the Romanian legislation concerning the fight against transnational organized crime. The duty of the Romanian authorities during the process of accession to the European Union to adopt a new legislation regarding the fight against transnational organized crime which satisfies the European requirements was followed by the challenge of adapting this legislation to the Romanian realities in order to make it function on daily basis
Chammat, Fadi. "L'espace de liberté, de sécurité et de justice à l'épreuve de la lutte contre la criminalité organisée". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0388.
Texto completoTo counter the threat of organized crime, which is constantly growing and becoming one of the most serious issues in the European Union, member states are under an obligation to strengthen penal cooperation against it. With the Maastricht Treaty, and the creation of the area of freedom, security and justice by Amsterdam Treaty, of which the fight against organized crime is the essential driving force, the Member States express their will to organize their actions and unite against the threats of organized crime. However, these phases have shown the ineffectiveness of the repression; paralysis and a lot of weaknesses. With its entry into force in 2009, Lisbon Treaty begins a new era in the fight against organized crime within the AFSJ. However, even in integrating its progress, it does not initiate the necessary rationalization of the institutional legal framework of the AFSJ against organized crime. Strong crises that the EU and the AFSJ have experienced raise questions about national confidence in this area and the EU. This thesis seeks to identify the current and future role of the European Union within a space where free movement is the principle. The expected role can only really be achieved through an autonomous criminal system where the EU has a strong ability in applying it in a climate of trust and respect for fundamental rights; legal systems of member states and their national sovereignty. In this perspective, a radical change that concerns the nature of the EU will be essential. But who has the will to make the revolution?
Al, Shamsi Obaid. "La politique pénale internationale dans le cadre de la lutte contre le crime organisé : "étude du cas émirien et français"". Rouen, 2009. http://www.theses.fr/2009ROUED010.
Texto completoToghranegar, Hasan. "La politique criminelle iranienne à l'épreuve du crime organisé : l'exemple du trafic de drogue". Paris 1, 2012. http://www.theses.fr/2012PA010279.
Texto completoScherrer, Amandine. "La production normative du G8 face à la "criminalité transnationale organisée" (1989-2005) : la force du discours, le poids de l'expertise". Paris, Institut d'études politiques, 2007. http://www.theses.fr/2007IEPP0048.
Texto completoThis PhD dissertation analyzes the genesis and the activities of the G8 Experts Group on transnational organized crime (the Lyon Group) from its creation in 1995 until 2005. In particular, this work sheds light on the actors involved in the Lyon Group, their activities inside the G8 and the diffusion of their work, both in member states’ domestic practices and at the international level. Between 1995 and 2001, the Lyon Group has constituted the main, albeit discreet, norms producer of the G8 in the face of transnational organized crime. In the post-9/11 context, the Lyon Group’s experts have made terrorism the new focus of their work. As a result, they have started working in close cooperation with the experts of the Roma Group, the G8 experts Group on counter-terrorism. The sociological and professional make-up of what became the Lyon/Roma Group in 2003 has been modified in favour of more Police and Intelligence experts and less Judicial experts. The Lyon/Roma Group has since become increasingly proactive and preventive, and legitimized the use of exceptionnal measures and procedures in the name of “the war on terrorism”
Levy, Bénédicte. "Contribution à l'étude de la lutte contre le blanchiment de capitaux". Montpellier 1, 2006. http://www.theses.fr/2006MON10062.
Texto completoMoney laundering is a criminal offence which causes serious economic, political and social repercussions. Money launderers attempt to make their illicit profits resulting from their criminal activities look legal. Money laundering is an international by nature offence. Indeed, funds pass in transit through different bank accounts located in many countries. Therefore, the phenomenon takes on an opaque character. Money launderers enjoy different means providing them with maximum anonymity, among which professional secrecy, legal and financial arrangements as well as resort to financial offshore centres. Initially enacted to fight organised crime, the offence has experienced various legislative changes in order 10 efficiently answer mechanisms owed by criminals. So, international and national authorities have agreed to implement both preventive and repressive measures aiming 10 fight efficiently this opaque phenomenon
Pardo, Frédéric. "Le groupe en droit pénal". Nice, 2004. http://www.theses.fr/2004NICE0049.
Texto completoThe group in criminal law puts the problem of the apprehension and the repression of the collective crime and participants' plurality in the malpractice, whatever can be its demonstrations ; these works so have for ambition to replace the various apprehensions of the group in a linear step, and want systematism. So as it will be attempted to loosen a certain cohesion in front of the visible dispersal of our repressive arsenal. It is a question of connecting the various perceptions of the group and of following the progress, so many criminological realities that social reactions. In the alder of this systematic approach of the group, are measured, in terms of opportunity, critics, evaluation positive and forward-looking, the various penal perceptions of the group, that the social reaction is ex ante, or ex post. The group appears at first as measuring instrument of the crime in power, then as a revelation of the crime in action. The repression follows a dynamics of extension, directed to the repression of the biggest attendance figures
Ordoñez, Martinez Gustavo Eduardo. "Reconversion des doctrines militaires de lutte contre la subversion dans le cadre de la lutte contre le crime organisé transnational en Amérique Latine : ruptures et continuités". Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10006/document.
Texto completoIn a context of widespread powerful organized crime and drug trafficking groups, as well as illegitimate police forces, there is a general tendency in Latin America, particularly in Mexico and Colombia, to assign military personnel to policing tasks. In the name of the “National Security”, Latin American armed forces are now deployed in their national territory to fight organized crime and drug trafficking. While the ground forces are the most mobilized, they are not the only ones engaged in these internal-security missions. In Mexico and Colombia, the Navy also plays a decisive role in the implementation of counter-narcotic operations and must coordinate with the public security forces which, in theory, hold operational primacy. This imprecise interpretation of the concept of "security" has led to confusion that makes it difficult to clearly conceptualize the outlines of the national security, and thus, the differences between “Defense” and “internal security”. Latin American internal order means the security and defense of the State, which is threatened by phenomena such as subversion, terrorism, drug trafficking and organized crime. However, each country has a different concepts of internal order and different levels of intervention by the armed forces such as : the defense of the territory against an external enemy, the protection of strategic infrastructures and counter-narcotics operations and eradication of illicit crops, in which this research work is concentrated to understand the continuity of the missions of the armed forces within the framework of the said national security doctrine
Nunzi, Alfredo. "Les instruments juridiques internationaux de lutte contre la criminalité transnationale organisée". Nantes, 2006. http://www.theses.fr/2006NANT4012.
Texto completoLegislations acknowledged the emergence of a type of organized crime which, in view of its modus operandi and relationships between the different groups and associates, concerns several domestic jurisdictions and that was defined "transnational". This dissertation examines the solutions elaborated by the legislator in France and Italy, countries where jurists and criminologists have studied transnational organized crime in depth with a view to defining the phenomenon on the basis of the its main features, organized structure and transnationality. At the international level, the attention focuses on the work done within the United Nations, particularly the Convention against Transnational Organized Crime, and the European Union, whose main instruments are the 1997 Programme of Action against organized crime and common action 733/1998
Abdel, Hafez Waleed Mohamed Hagag Ahmed. "La preuve en matière de criminalité organisée". Nantes, 2004. http://www.theses.fr/2004NANT4001.
Texto completoThe objective of criminal law is mostly to protect society. However, its efficiency depends especially on rules of criminal procedure which sends to establish the truth. But these rules have borders. They arise from on everlasting conflict between individual rights and the interest of society in optimal security. The balance between two apparently antagonist interests lies in the delicate subject of the law of proof The difficulty to collect evidence in usual penal cases increases much in organized crime cases. This complexity is sometimes due to the important threat that this type of crime creates in modem societies and sometimes to the characteristics of these crimes. Having made seen these difficulties, two reactions can be observed to face it : either to adopt an outstanding legal arsenal which may come up against human rights or to sacrifice the interest of the community for the benefit of individual rights, which threatens the stability and values of a State respecting the rule of law. The aim of this study is to collect evidence more easily in organized crime cases ; a heavy task, especially due to the difficulty in reconciling such powerful and sacred interests. Consequently, our study consists in examining the reversing of the burden of proof and some means to the obtaining of evidence, that may raise anxiety about their compatibility with human rights, such as undercover operations and several scientific methods. This research is based on national experiences but it tries to set out appropriate solutions
Pétrini-Jonquet, Sophie. "Politique criminelle en matière de blanchiment : de la lutte nationale aux obstacles internationaux". Nice, 1997. http://www.theses.fr/1997NICE0034.
Texto completoThe failure of criminal anti-drug trafficking policies led to substantial changes in how governments intend to combat illicit narcotics trade. In particular governments had to take into account the financial consequences of drug trafficking and subsequently implement new anti-laundering policies. The latter were initially restricted to the proceeds of drug traffic before being progressively extended to profits yielded by criminal organisations or derived from any type of offence or infraction. International agreements such as the strasbourg convention recommended enlarging the scope of anti-laundering procedures. The french government became party to the strasbourg agreement and consequently developed a highly sophisticated anti-laundering policy which included both preventive and repressive measures. The 13 may 1996 act condemned the laundering of proceeds whatever the nature of the original offence, while the 12 july 1990 act prescribed financial organisations the task of keeping financial transactions under strict supervision while working co-operatively with traffic to detect illicit laundering operations. Although international juridical instruments helped to highlight the danger inherent in existing laundering operations and advised the national governments to devise appropriate laws, the outcome proved rather disappointing. Many obstacles still prevent effective campaigns and legal actions against money laundering. This can partly be attributed to the sluggishness of the international co-operation machinery. Together with the juridical impediments, the political constraints can also be held responsible for such lack of efficacy. Undoubtedly, the legislation of accommodating tax-free countries favours money laundering activities. Most governments faced with the problem of money laundering also appear relatively passive and facilitatory towards money launderers. Complacence is even more evident in the attitude of those states under the influence of organised criminality. Until now juridical tools developed by the international community have been disapointing and inadequate. This lack of responsiveness raises doubts about the commitment of western democratic governments to combat moncy laundering by implementing effective and comprehensive laws
Rodopoulos, Ioannis. "Contribution à l'étude de la notion de crime organisé : l'exemple de le France et de la Grèce". Paris 1, 2010. http://www.theses.fr/2010PA010262.
Texto completoAlghfeli, Saeed. "La répression du crime organisé aux Émirats arabes unis : les instruments internationaux et nationaux de lutte contre le blanchiment d'argent provenant d'activités illicites". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0106.
Texto completoThe repression of organized crime is a key issue of International cooperation. The laundering of money from illicit activities is the final phase of trafficking of all kinds, which is taking advantage of new technologies and the globalization of trade. Profits from criminal activities infiltrate legal economic activities. Money laundering then appears to be a threat to global economic stability. The detection of suspicious financial movements is essential to avoid the contamination of the financial system by transnational crime. The consolidation of economic activities on a global scale implies the commitment of all states. National laws implement many International instruments that criminalize money laundering and organize mutual legal assistance. The private banking system plays an important role in this legal system. The facts show that organized crime circuits are used by terrorist organizations to finance themselves. Terrorism's ability to control large areas and to carry out attacks around the world is a threat to International security. Cutting the financing of terrorism channels is a priority objective. It has led states to extend their cooperation and to improve the supervision of financial transactions and by adapting repressive measures to the specificities of terrorism. The United Arab Emirates, the leading financial and commercial center in the Gulf, is playing its part in the fight against crime money and the financing of terrorism
Da, Poïan Fanny. "L'harmonisation européenne de la lutte contre la traite des êtres humains". Lille 2, 2006. http://www.theses.fr/2006LIL20010.
Texto completoTrafficking in human beings (prostitution, labour exploitation, trafic in organs. . . ) is one of the forms of cross-border criminality the lost pread in Europe, requiring the intervantion of the supranational organizations. All relevant instruments adopted by the Council of Europe and the European Union are characteristic of the resolutely multi-disciplinary approach. In front of a criminal scourge and a major attack on humanrights, the difficulty is to combine a suppressive approach with one for the rights of the victims. In the perspective of creating a European criminal system of security, liberty and justice, the efforts to harmonise this offence, sanctions and criminal procedure, and the actual improvement of judicial and policing cooperation in criminal matters, are for the moment unconvincing. In the long tem, the management of the deep causes of the plague and the migratory phenomenon could be one of the conditions of a succesful fight against the draft
Morin, André Albert. "De l'étude des racines chrétiennes des droits pénaux français, britannique et canadien et d'un exemple concret dans le domaine de la lutte contre les produits de la criminalité". Poitiers, 2001. http://www.theses.fr/2001POIT3013.
Texto completoLalam, Nacer. "Déterminants et analyse économique de l'offre de drogues illicites en France". Paris 1, 2001. http://www.theses.fr/2001PA010058.
Texto completoJaïdane, Mazigh Lamia. "Analyse économique de la production d'ordre et de désordre publics". Paris 1, 1999. http://www.theses.fr/1999PA010024.
Texto completoDesrousseaux, Thomas. "Les bandes organisées en milieu urbain aujourd'hui". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020024.
Texto completoSince the attempts of the World Trade Center, it does not happen one day that the media tell the exploits of the various organized strips existing in the World. Suffering from an absence of wide definition because of their variety, the notion of gangs arouses a serious study. Indeed, resting on a selective, constant and definitive membership, summarized by the formula "blood in, blood out", the disregard of rules workbenches by the strip is punished by the death. Exercising its domination in the street, the gang does not hesitate to use the violence and exercises their criminal activities while arming itself to be respected. This phenomenon, so dangerous and very present at the beginning in North America, tends to extend very quickly in the other countries to affect then a world character. To fight against these strips, the most affected States were brought to react by setting up new methods of fight and by getting organized at the multilateral level. Dividing into two parts, this thesis shows, in a first part, how the presence of gangs became a social problem and in a second part, state reactions in the fight against the organized strips
Matar, Rana. "La globalisation du processus du blanchiment d'argent". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32071.
Texto completoThe following study joins the framework of the analysis of the money laundering process. That process seems headed to a new era as it has expanded unto the global financial markets. In fact, the constituent mechanisms of worldwide financial markets were abele to, by their own nature, facilitate the entry of laundered capital into international circulation. The problem of “dirty” money is a major issue and concern of our time and a challenge to economic and political figures in the global business world. Due to the internationalisation of money laundering practices, the problem must be dealt with on an international stage, if not on a supranational one. Indeed, new efforts are necessary for worldwide cooperation, particularly in Europe. This cooperation is only possible by reducing obstacles found in national legislations and their impact on judicial collaboration among nations. An efficient fight against money laundering depends on the creation of a coherent system of counter measures. A new international economic order must be progressively reinvented; it would fill the void present in the existing one and replace it with an internationally recognized set of financial and monetary regulations. In light of the importance of the problem, the International Monetary Fund, the World Bank, the Financial Action Task Force on Money Laundering and other organizations are preparing a common global evaluation method to help establish international standards for the fight against money laundering
Sirvent, Bruno. "Le trafic d'armes à feu dans l'Union européenne". Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0653/document.
Texto completoFirearms trafficking within the European Union is a worrying threat to the area of freedom, security and justice, prompting the Union and its Member States to react in order to strengthen their legal framework. Nevertheless, the issue of firearms is complex to legislate because of its characteristics and its cross-cutting nature. Firearm stocks at the borders of the European Union are diverted in order to be introduced into the border-free area by multiple actors with diverse interests and motivations. These characteristics make it difficult to establish a harmonised legal framework in areas that remain under the yoke of national sovereignty. These difficulties have led to the development of an imperfect and limited legal framework creating legal loopholes from which traffickers benefit. Nevertheless, solutions exist and some of them are already present in the European Union's normative framework. However, the evolution of firearms trafficking and its actors also leads us to consider the development of new mechanisms and new areas of the law
Ebroussard, Cristel. "Les Luttes antimafia en Italie de la fin du XIXe siècle au début du XXIe siècle". Paris 8, 2009. http://www.theses.fr/2009PA083165.
Texto completoIn an Italy inhabited by the secular presence of organized crime, commonly called "mafia", the appearance on the public stage of the expression of popular discontent occurred in the 1980s, appeared as a new phenomenon as it has manifested itself. Witnesses of a massive popular rejection of the mafia unprecedented abuses 1980-1990 have been the theatre of what was spontaneously called by the press and many observers the birth of the Italian civil society, real "alarm popular" thus terminating the law of silence. This period has been radical turning point in the history of Italian antimafia struggles ; unpublished by its magnitude and by its modes of expression, this citizen momentum was all provided by its heterogeneity by unifying capacity comprising the whole of society, in order to defend the general interest. This citizen wave antimafia occurred during that period of Italian history raises many questions to which this work tries to provide answers: why at this precise and not before time? What are the factors which led to the emergence of this popular revolt in public space? What this refusal of the mafia by Italian citizens stop with the struggles of the past? But, who are the protagonists of this massive rejection? What are their modes and their fields of actions, their objectives? And finally, what is the impact of the citizen fight antimafia, if there are, to the next few ten to fifteen years back we face the phenomenon?
Mesa, Beatriz. "Le rôle transformateur des groupes armés du nord du Mali : de l'insurrection djihadiste et sécessionniste au crime organisé (1996-2017)". Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAH037/document.
Texto completoThe Sahel region’s threat is not only related to Radical Islamic terrorists, it is more related to organized crime and drug traffic where the terrorist’s structures are involved. It means, for the European Union and the north of Africa, it is much more difficult to fight against this new phenomena. In this article we analyze this threat that is becoming huge and serious. And we go in depth in the combination between criminal acts and drugs business, which was transformed to a jihadist’s project of AQMI in the north of Mali. The usage of nationaliste-religiouse speech is still the base of this terrorist group and their allies to recruit new candidates to their cause. The cause is political-religious is become to criminal economy
Abbou, Julia. "Les moyens de surveillance des réseaux criminels en procédure pénale. Vers un droit commun". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0025.
Texto completoBy the law of March 9, 2004, Title XXV of the Code of Criminal Procedure entitled "The procedure applicable to organized crime and delinquency" created a notion by its regime. The latter, derogatory, includes a panel of investigative acts, which involve the provision of investigative techniques to anticipate, act and better apprehend the modes of operation of criminals considerably seasoned. Specifically, these include surveillance of persons and property, infiltration, pseudonym investigation, interception of correspondence via electronic communications, access to stored correspondence, the IMSI-catcher, the capture of computer data, and the sound and image fixation of certain places or vehicles. While the methods used are particularly coercive, the scope is not defined. Indeed, while there is an enumeration of the offenses concerned by the regime, organized crime and delinquency, for their part, are not defined. In reality, these all-encompassing offenses include multiple protected values, varying quantum of sentence, and various aggravating circumstances. But, the choice of the legislator is explained because the expression "organized crime" is old and covers multiple meanings. If, in order to comply with the principle of criminal legality, some people think that a rigorous definition of the notion is desirable, others, on the other hand, consider that the phenomenon can not be reduced to a single word or phrase. However, the study shows that, given the extent of the disparate manifestations of organized crime, the legislator has continued to expand the scope of this regime from two to three articles, and lists to groups offenses. Thus, nearly fifteen years after the entry into force of the said law, the finding is without appeal, there is a material incapacity to truly grasp this phenomenon. As a result, categories of offenses overlap in a number of specific procedures to extend the means of surveillance. New processes have been integrated but others have also been multiplied. From then on, the extension of one is accompanied by the other. Thus, the simplification of the provisions of the Code of Criminal Procedure has become essential, which led this study to question the approximation between the derogating rules and those of common right. To understand these investigative techniques, it is necessary to cross-refer the articles since the current configuration of the Code of Criminal Procedure is not limited to Title XXV alone. This study proposes to reorganize the location of these means of surveillance by rationalizing them at best. A gradation was necessary since, as they all violate the right to respect for private life but not to the same degree. Lastly, with a view to simplifying the procedure, the 2018-2022 programming bill envisages a further extension of these means of surveillance. Although the ambition seems, for the time being, unfinished, this shows the prospects of evolution of the subject, which must perpetually find a right balance between an effective fight against crime and organized crime and the protection of privacy. This statement has never been more true living in our times right now
Mirzajani, Hamid Reza. "Finance criminelle et politique criminelle anti-blanchiment en droit français et iranien". Strasbourg, 2011. https://publication-theses.unistra.fr/restreint/theses_doctorat/2011/MIRZAJANI_Hamid_Reza_2011.pdf.
Texto completoThe criminal finance is a generic term which describes financial strategy of the criminal economy. Currently in the field of national criminal law, criminal finance has an important position and numerous international conventions have been adopted to punish and prevent this phenomenon. However, the criminal finance is still unclear. The criminal finance is based on two clearly defined categories within the criminal law : first one is the illicit profit from an upstream offense such as theft, fraud, embezzlement, drug trafficking. . . , what we call as “gross criminal finance”; second one is the legal profit from a downstream offense qualified as money laundering , what we call as “criminal finance pure”. Nevertheless, criminal finance has been foreseen by French and Iranian criminal law. Money laundering is specified to some limit in French law. This limitation is based on the principle of necessity and proportionality of punishment, as well as the underlying offenses recommended by the FATF. However, Iranian law has a system of indirect criminalization of money laundering. Our research shows the criminal policy consisting of all elements fighting against money laundering. An effective fight against money laundering is based on two components : the preventive and the repressive. French and Iranian preventive measures in the fight against money laundering are based on professional due-diligence. The recent French legislation, the ordinance of 30 January 2009, which implemented the third european union directive of 2005, introduced a preventive measure to amend and supplement the old French law. Thus, there has been a significant legislative change in France compared to the Iranian legislation. However, Iran has recently adopted an anti-money laundering law and has applied it since 2 December 2009. Ultimately, the comparative analysis of the criminalization of money laundering and criminal policy against money laundering in French law and Iranian law shows that Iran can benefit from the experiences and solutions in the French legal fight against the money laundering. It also shows that Iran must quickly overcome the shortcomings of its laws and its criminal policy on the fight against this phenomenon
Larbre, David. "Les échanges de données personnelles entre l’union européenne et les tiers dans le domaine de la sécurité". Thesis, Paris 10, 2014. http://www.theses.fr/2014PA100174.
Texto completoEnabling security between the European Union and third party personal data exchange leads one to reflect on the related legal framework and safeguards regarding data protection. As states are at the origin of police networks and judicial cooperation, the emergence of the EU and its agencies in sovereign spheres has been astonishing. For the EU,respecting the conditions of such exchanges requires adequate guarantees from third states. To better understand this, one should first analyze to which extent these exchanges have gradually become an instrument servicing the areas of freedom, security and justice (AFSJ, "security" here implies the fight against terrorism, organized crime and illegal immigration). This thesis aims to detect, analyze and highlight the rules governing the exchanges of personal data and the protection attached to them. Its goal is to understand the function of the EU and the role of member states in these exchanges, to assess the guarantees provided by the EU or its partners and to lead to the emergence of a system which could provide adequate protection. The first part will determine the modalities of cooperation between the EU and third parties in the field of personal data security exchanges; identifying the existence of safety data exchange networks before looking into the fight against terrorism and organized crime’s international dimension. A focus on external standards in the EU will lead the reader to grasp how safety within third party data exchange networks may be structured and to understand the role of international organizations such as the UN (or extraterritorial jurisdiction from third countries such as the USA). The EU having developed its cooperation regarding safety data exchanges, its foreign policy in terms of AFSJ gives one an overview of safety data exchange networks and their diversity, but it also shows the limits of their extension. These different forms of cooperation are the foundations of constituent EU treaties, yet they face legal and democratic issues as far as EU legitimacy is concerned. The EU integration process, on which safety with third party data exchanges is based, will also be studied; if this integration is a success overall, sovereignty issues have also brought their share of safety data protection alterations. This thesis’ second part focuses on the guarantees related to safety data exchanges, fundamental rights protection regarding this personal data and the need for adequate protection when transferring data to third parties. The adequacy of "normative" protection must be analyzed in global terms, that is to say within an international framework. The study of normative protection will be followed by a thorough examination of their effective protection. The reader will see how data exchange security transparency enables people to exercise their right to both access data and challenge decisions taken on the basis of data exchange safety. Effective protection leads to the identification of responsibilities related to safety data exchanges, the mechanisms of which may highlight that the EU or third parties have breaches in their obligations
Amourette, Cédric. "Prostitution et proxénétisme en France depuis 1946 : étude juridique et systémique". Montpellier 1, 2003. http://www.theses.fr/2003MON10042.
Texto completoZanin, Hadrien. "La lutte contre la corruption au sein de l’espace de liberté, de sécurité et de justice au moyen du droit pénal". Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV080/document.
Texto completoSince the mid 1990s, more than ten international instruments aimed at fighting foreign bribery have been adopted. Globally, the increased trade has necessitated the establishment of an interstate cooperation likely to respond to the growth of cross-border crime. Furthermore, the harmonization of legislation, through binding international commitments, was the only way to reduce distortions of competition. A turnaround has thus been made: the implicit authorization, or sometimes even the promotion, of ‘exceptional commercial costs’, has been replaced by the criminalization of bribery.At the European Union level, the single market and open borders justify the adoption of several specific instruments. However, Member States refuse to give up the right to sanction – or not to sanction – which is one of the attributes of sovereignty. The harmonization of anticorruption legislation was therefore influenced by the broader issue of a European criminal law. The provisions intended to fight corruption are enclosed in intergovernmental instruments and strictly limited in order to thwart the possibility of an unwanted ‘communautarisation’.Fifteen years later, the implementation of anti-corruption legislation remains uneven and the ineffectiveness of repression in Europe contrasts with the heavy sentences of European companies by foreign courts. The initial strategy, which includes no monitoring mechanism to ensure constant pressure on Member States, shows its limits and is unable to meet the current challenges.This study seeks to understand the new anticorruption dynamics within the area of freedom, security and justice after the ‘depilarisation’ made by the Lisbon Treaty. It highlights the emergence of a two-tier approach in the fight against corruption. The integration of the fight against corruption at the supranational level should, in the medium term, be limited to the protection of the financial interests of the EU: it translates, firstly, by the adoption of a new directive aimed at harmonizing substantive criminal law and, secondly, by the establishment of a European public prosecutor ensuring effective prosecution. Beyond this single goal, the ‘anti-corruption package’ of the European Commission does not initiate the necessary rationalization of the existing legal framework. The cornerstone of the new strategy is limited to the adoption of a periodic evaluation mechanism in order to generate, through soft law, additional political will on the part of Member States.In a forward-looking approach, this thesis suggests that the European Union is the appropriate level to lead the fight against corruption. However, its central role can only be achieved through the criminalization of corruption as a eurocrime
Brenaut, Maxime. "Le renouveau des mesures de sûretés en droit pénal français". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020060.
Texto completoIn 1992, in the context of the reform of the Criminal Code, decision was made to unify all criminal sanctions under the sole notion of “penalty” ; therefore, the formal existence of safety measures seemed doomed to complete obsolescence. However, as from 2004, the legislator unexpectedly enacted safety measures expressly labelled as such, and thus, disrupted the semantic unity implemented a decade earlier. In addition, the controversial notion of dangerousness was established as the ground of such measures. According to legal doctrine, this was a very “renewal of safety measures”. This formal reappearance of safety measures undoubtedly stems from circumstantial causes, owing to the political opportunity to depart from the penalty regime, especially in terms of application of law over time. Yet, it cannot be reduced to this single cause and also be explained by structural reasons pertaining to the nature of safety measures, which must be construed as a function i.e. the guarantee of the performance by a dangerous individual of his resocialisation obligation. This function may additionnally be expressed through various mechanisms: complementary penalties, measures of the pre-trial phase, conditions for serving sentences…Analysis shows that safety measures had not been discarded from criminal law and, instead of a“renewal”, the French legislator mostly extended their scope by multiplying the media of their function as guarantee
Nieto-Gómez, Rodrigo. "La Homeland Security des Etats-Unis et ses répercussions géopolitiques sur la construction de la "Sécurité du territoire national" au Mexique". Paris 8, 2009. http://www.theses.fr/2009PA083139.
Texto completoThe terrorist attacks of September 11 2001 in US soil provoked a clear rupture in the way the territory of that country is perceived, administered and protected. This geopolitical rupture was baptized with the name of Homeland Security, a neologism introduced permanently into the American political and administrative discourses. This new security doctrine for the territory has had a direct impact on the power rivalries that take place in North America, with important consequences for Mexico and its new “Security of the National Territory”, profoundly influenced by the US Homeland Security policy. Issues like “Critical Infraestructure Protection” or “Border Security” are now a priority for the geopolitics of the continent, framing the Calderon Administration’s strategy to fight organized crime
Gaudard, Deborah. "La lutte contre la criminalité organisée au Brésil et les unités spéciales de police : droit de la guerre ou droit de la paix ?" Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3050.
Texto completoFor several decades, numerous favelas in Rio de Janeiro, Brazil have been controlled by narco-traffickers. As a consequence, extremely violent conflicts have occurred between several key players, the traffickers, the police, and militias made up of active and retired police officers, firemen, and security officers. To handle this situation, public order policy has focused on repression and the use of force. This context leads to a question as to whether the Basilian authorities are facing internal troubles, or if they are involved in a non-international armed conflict as defined by international rules. In the first case (internal troubles), the internal law of the country applies, as well as Human Rights International law. In the second case (non-international armed conflict), International Humanitarian Law (war law section) should apply. This question is what this research aims to study by measuring which positive effects could result from it for the affected people and if the efficiency of the fight against narco-traffickers could be improved, bearing in mind that in Rio, characteristics of both hypothesis could be combined. It is about establishing new rules in law, which prove essential to control or reduce the violence due to narco-traffickers considering the obvious failure of current security policies
Yo, Anna. "La sécurité financière : perspective nouvelle de la lutte internationale contre le blanchiment d'argent et le financement du terrorisme". Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF008.
Texto completoThe international fight against money laundering and the financing of terrorism can be defined as the set of measures helping eradicate illicit financial flows.The legal framework as it is settled on and implemented into national legal orders is a combination of the United Nations (UN) conventions and the recommendations of the Financial Action Task Force (FATF).It was built over the past 30 years in response to the threat posed by certain forms of crime such as drug trafficking, transnational crime and the financing of terrorism.This work ambitions to highlight the emergence of an inherent principle to the fight against criminal financial flows through the concept of international financial security, which appears as the main goal of the measures adopted in the context aforementioned.We illustrate this assumption with an analysis of the international crime policy, in other words all the processes through which the international community organizes responses to the phenomenon of financial crime. This analysis permits to behold the shape of what we call “financial security” and demonstrates that the answer of the international community tends inexorably to the establishment of a sort of “international financial security”.This financial security stands for an order.An order established in both international law and domestic law, an order that is characterized by what we call "droit à texture multiple avec primauté de la soft law".This order justifies and bases both preventive and repressive obligations, despite the restrictions it imposes on fundamental rights. This order contains a whole set of prescriptions whose aim to protect the international society from the factors of disorder such us illicit financial flows, organized crime and terrorism.Financial security is as much a goal to reach as a necessity.We consolidate this premise with an afterthought on the challenge of establishing financial security and the means that can be used to guarantee its effectiveness
Tsobgni, Djoumetio Nathalie Laure. "Les banques et la mise en oeuvre du dispositif de lutte contre le blanchiment des capitaux au Cameroun et en France". Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA018/document.
Texto completoThe preservation of the good health of the banking sector has always been at the heart of the concerns of the world banking community. The fight against money-laundering is a way for bankers to preserve this health. Indeed, French and Cameroonian banks though assujetties subject to the fight against money-laundering have more than one interest to implement operative preventive anti-money laundering. Firstly, at the organizational level, Cameroon and French banks have an anti-money laundering service and computer devices that shall stop their use for the purpose of money-laundering. Functionally, the vigilance obligations imposed on banks in respect of the fight against money-laundering join and strengthen banking rules already implemented in practical with a healthy level of banking activities. However, operative preventive anti-money laundering is not well-received within the banking profession. For cause, it was attacking principles dear to the banking profession in particular, secrecy and the duty of non-intervention. Similarly, the implementation of operative has brought new obligations whose violation is the subject of sanctions
Sartini, Tony. "Les réseaux criminels entre logiques économiques et logiques ethno-culturelles". Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020061.
Texto completoCriminal networks between economic and cultural logics The criminological tradition readily conceives crime as an individual fact. Unlike this conception, this thesis proposes to understand the crime as a social and political fact. The traditional materialistic and culturalist models were able to account for the explanatory economic and cultural variables of the crime. However, they have insufficiently taken into account this fundamental fact that criminal activity is, in its mass, a group activity. In particular, they are struggling to explain the over-representation of minorities-especially ethnic-in crime. A sociometric model called "Criminal embeddedness" shows how the sociability of minorities gives comparative advantages to such minorities in organized crime.Because it is primarily a phenomenon of networks, crime is thus explained by understanding the economic logics that motivate members of criminal networks, but also the ethno-cultural logics that structure them. Such logics are always prevalent in the contemporary world, characterized by globalization, the more virtual nature of trade, communitarianism and terrorism. These economic and cultural logics were not sufficiently taken into account by public security policies in France, in particular in urban governance and in criminal intelligence policies. This is largely due to the French model, which is struggling to grasp the logic of crime in a pragmatic way, and to take into account ethnicity
Moge, Charlotte. "La construction d'une mémoire publique de la lutte contre la mafia de 1982 à 2012 à partir d'un martyrologe : Pio La Torre, Carlo Alberto dalla Chiesa, Giovanni Falcone et Paolo Borsellino". Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAH030/document.
Texto completoThough the Mafia has become recently an object of study, the Antimafia remains a black hole in the historiography of the Mezzogiorno while the assassinations of officials constitute tense moments in the history of Republican Italy. We have chosen to focus our attention on four emblematic figures that were murdered by the Mafia over its 1982 and 1992 outbursts of violence: Pio La Torre (deputy and regional secretary of the PCI); Carlo Alberto dalla Chiesa (assassinated while he was Palermo prefect); Giovanni Falcone and Paolo Borsellino (magistrates). In order to observe how a public memory of the fight against the Mafia was built, we use a panel of sources that is typical of the present time history: archives, press, written and audiovisual memory productions, but also oral sources thanks to the interviews we lead during our field investigation. These sources allow us to understand the context as well as to analyze the evolution of the representations of the anti-mafia fight’s martyrs.The first part is dedicated to the study of the moment when these four officials were assassinated and an immediate memory built. The analysis of the press, in the wake of the outbursts of violence of the Mafia, brings out the characteristics of the immediate memory of victims, and reveals an unprecedented anti-mafia civil mobilization. The second part deals with the elaboration and the institutionalization of the victims’ memory, through the study of the commemorations and the representations. The cross-study analysis of our various sources brings to light the different strata of the memory elaboration. Finally the third part shows that the anti-mafia memory, though institutionalized and structured, is actually a tormented memory, as is revealed by the justice breaches, the political uses of the anti-mafia memory or the conditioning effect of current events on the decennial commemorations. Making the history of the anti-mafia memory thus allows us to reveal under a new light a number of tensions that are characteristic of contemporary Italy. Therefore the memory of the fight against the Mafia appears as a privileged observatory to examine the political, societal and cultural mutations of Republican Italy
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.
Texto completoprivilégié.
Petit, Frère Renel. "La répression pénale de la criminalité organisée : étude comparée des droits français et haïtien". Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30055.
Texto completoOrganized crime is a major concern for the French and Haitian public forces and the related crime repression methods are at the core of the French and Haitian Criminal Law. In that sense, both legislators had to adapt their criminal legislation in order to provide the judicial system with new instruments of crime control to help detect and punish organized crime offenses. The latter are fought down via a double punishment approach that is proactive and reactive. We notice that the criminal law of organized crime, whether substantive or formal, slides from the reactive towards the proactive. It is a repressive logic that favours efficient repressive methods over the respect of fundamental principals. And therefore, the right of a fair trial is ill-used. In both Rights, the people involved in organized offences are severally sanctioned and the criminal assets are forfeited in order to apply preventive and repressive measures. This repression takes place within a cooperative efficient framework between the police and the judicial body and causes the emergence of new instruments of cooperation and the sharing and regionalization of the norms of criminal sanctions against organized crime. This comparative study shows that Haiti can benefit from the French judiciary expertise founded on the specialisation of the judiciary actors who participate in the criminal proceedings
Martin, Gérard. "Quand le trafic de cocaïne est arrivé à Medellín : réseaux mafieux, violences et politiques de sécurité (1975-2014)". Paris, EHESS, 2014. http://www.theses.fr/2014EHES0140.
Texto completoThe author analyses the violent phenomena that during four decades (1975-2014) effected the city of Medellin (Colombia), a period during which the city experienced 90 000 murders. The author shows that this period of violence can hardly be explained as the continuity of an earlier one (1948-1963, known as La Violencia). It can also not be understood as the mere product of guerrilla, paramilitary and other violent illegal organizations, which claim political motives, or as the direct result of weakly regulated urban development and problems of poverty and exclusion. Rather, as the author shows, a major role is reserved for the extensive criminal networks of cocaine traffickers and the interferences they engage in. Thru solidly documented analytical descriptions this study offers a detailed panorama of the power these networks were able to impose on the local society and a large part of the country. The 22 chapters of this dissertation are chronologically ordered into seven parts: the progressive loss of local elites over the city; the imposition of criminal networks, including the criminal career of Pablo Escobar and his gang; the city in the grip of terror, gangs, militias, and hit killers; civil society reactions and the counter actions taken by criminal networks; the hardening of the armed conflict; paramilitary demobilization, new national security policies, audacious urban policies, and increased recognition of the victims; criminal reconfigurations (and a new wave of murders) and the reactions provided by the government, the local administration and certain civil society organizations. The conclusion offers numerous reflections
Cohendet, Elisabetta. "Associations et coopératives, hier et aujourd’hui : un regard sur la Sicile à partir du capital social". Thesis, Paris, CNAM, 2011. http://www.theses.fr/2010CNAM0760/document.
Texto completoNon-profit organizations (NPO) help in keeping alive those pluralist places which are vital for democracy making processes. The link between the vitality of the voluntary sector and the production of social capital is established because NPO take an active part in the confidence spreading process which is necessary for smooth institutional and economic management. However, the concept of social capital is based on arguable postulates: a «determinist» and a «liberal» one. In the thesis, we have thus tried to deconstruct these theoretical a priori constructions in the complex reality of Sicily in order to use the concept of social capital in a wider interpretative framework. This interpretative framework is thus not limited to the exclusive analysis of social interactions within networks but takes into account the specific nature of their background. Hence, it is possible to re-introduce the modalities of interaction between NPO and authorities as well as the role of the institutions in the production of social capital
Jimenez, Calvo Estibaliz. "Le combat contre le trafic des migrants au Canada : contrôle migratoire d'abord, lutte au crime organisé ensuite". Thèse, 2006. http://hdl.handle.net/1866/18168.
Texto completo