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Le droit à la preuve contraire en procédure pénale

Abstract : The matter of evidence in the French penal procedure, heavily influenced by the principle of presumption of innocence, is generally presented by the means available to the prosecution in order to prove the offenses to the penal law. The consideration of a right to opposite evidence reverses this pattern so as to give people being sued the right to contend for the evidences presented by the prosecution and, in fine, to bring any evidence in order to prove their innocence. The right to opposite evidence, based on the principle of equality from the European notion of right to a fair trial, aims to guarantee a balance between the necessity of an efficient suppression and the prevention of an unfair conviction of an innocent person. The notion of right to opposite evidence gives an active part to the suspect in the organization of defence, by allowing to produce and to get all the evidences favorable to the suspect, and must be able to confront both the law-maker and the judge. The French penal procedure is influenced by some reforms which aim to guarantee the balance needed between the general interest and the protection of individual liberties. This movement sanctions the reality and the durability of the right to opposite evidence.
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Submitted on : Thursday, March 29, 2018 - 2:02:11 PM
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  • HAL Id : tel-01752930, version 1



Pierre Bolze. Le droit à la preuve contraire en procédure pénale. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20012⟩. ⟨tel-01752930⟩



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