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Le principe d'égalité des armes dans le procès pénal

Abstract : The principle of equality of arms has emerged in french criminal procedure under the influence of both european human rights law and constitutional case law. Part of the right to a fair trial before the european court of human rights, the duty of a balance between the rights of the parties, now roclaimed in front of the criminal procedure code, meets several problems of application to the french criminal process. The common law origins of this principle seem to be opposed to the french judge?s general conception of the equality of arms. The particular relation of this last to the european norm has, in addition, led him to remodel the meaning and the impact of the notion in french law. If it tends today to increasingly impose as a leading principle of the french criminal process, the principle of equality of arms somehow seems to go against the intrinsic face of it. Structurally inadapted to the french criminal process, it could even, in fine, in its ?denaturated? version, contribute to deeply destabilize it.
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Submitted on : Thursday, March 29, 2018 - 1:55:20 PM
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  • HAL Id : tel-01752716, version 1


Sabrina Lavric. Le principe d'égalité des armes dans le procès pénal. Droit. Université Nancy 2, 2008. Français. ⟨NNT : 2008NAN20007⟩. ⟨tel-01752716⟩



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