L'analyse économique du plaider coupable : application à la procédure française de comparution sur reconnaissance préalable de culpabilité.

Abstract : In 2004, the french plea bargaining called the Comparution sur Reconnaissance Préalable de Culpabilité (CRPC) is introduced. With vocation to be faster and less expensive than a lawsuit, it has as the ambition to reduce the number of cases on correctional courts. Since its enforcement, there have been reserves to apply this process. The main fear is to see French justice slipping towards drifts similar to those known in the United States. Many interrogations raised concerning its effectiveness and its equity have been renewed recently by the proposal of the Leger committee to extend its application to crimes. We seek to discuss the debate on the potentially undesirable effects of plea bargaining, in general, and of the CRPC, in particular. The economic analysis of plea bargaining proposed in this thesis has two objectives. The first objective is to examine how the sanction inflicted in plea bargaining can be effective to reduce the legal errors and/or to deterrence people to commit an offence. An original approach of the literature is carried out. In fact, we insist on two aspects of the effectiveness of plea bargaining : revelation of information and the deterrence. We thus highlight useful conclusions on the effectiveness of the CRPC in its current state of application and on its effects to await if its applicability is widened. In particular, the economic literature recommends to maintain a sentence sorrow to the judgement, to grant to the prosecutor a available budget and to introduce sentencing guidelines. These conclusion are opposed to the characteristics of plea bargaining : lightest sentence, decreasing the costs of justice and individualization of the sentence. The second objective of this thesis is to examine the equity of plea bargaining. Indeed, although the reproach of iniquity was frequently formulated in France and in the United States against this procedure, the economic literature did not study this question. In order to bring answers to the legal debates, two distinct analyses are carried out. First, we examine the impact of the fees system of the attorney on the sentence. We show that a two-speed justice is developed. Secondly, with a personal database, we discuss the CRPC equity using an econometric study. We highlight that the court plays an essential part in the type of sentence inflicted with the defendant.
Document type :
Theses
Complete list of metadatas

Cited literature [39 references]  Display  Hide  Download

https://hal.univ-lorraine.fr/tel-01752698
Contributor : Thèses Ul <>
Submitted on : Thursday, March 29, 2018 - 1:54:43 PM
Last modification on : Tuesday, May 22, 2018 - 11:15:33 AM

File

2009NAN20004.pdf
Files produced by the author(s)

Identifiers

  • HAL Id : tel-01752698, version 1

Citation

Lydie Ancelot. L'analyse économique du plaider coupable : application à la procédure française de comparution sur reconnaissance préalable de culpabilité.. Economies et finances. Université Nancy 2, 2009. Français. ⟨NNT : 2009NAN20004⟩. ⟨tel-01752698⟩

Share

Metrics

Record views

47

Files downloads

99