L'image et le procès pénal

Abstract : Today, with the rise of new technologies, the image is playing a leading role in our society. If it has been incrementally utilised by the general public, the field of law has also increasingly developed and put this tool to use. The advent of the image has impacted all areas of law, including criminal law and more specifically criminal proceedings. However, it would be wrong to say that it is currently present throughout the whole procedure, where its appearances are surprisingly rare. This leads us to question the place and role of this multiform tool within this wide system. In reality, the image covers all aspects of the criminal trial in its entirety, from the first stage of the investigation to the delivery of the judgement. And even more, as the image goes beyond this framework, by its upstream presence before a criminal act is committed, and downstream from the hearing. In this way, the image appears in a multiplicity of forms throughout all steps of the procedure. However, the diversity of its uses is not the only explanation to its recurring presence, as it also has the ability to serve different purposes. The different forms of an image allow for a variety of uses and purposes, sometimes complementary, but other times very diverse. We can notice, nevertheless, a fundamental distinction between an image serving probationary purposes and used for the proper administration of justice. Present throughout the criminal proceedings, the image will clearly be confronted with all the main principles that govern criminal matters, particularly in its procedural aspect. At a time when a comprehensive reform of criminal proceedings is constantly put forward, the study of a transversal notion, simultaneously serving the establishment of the truth and the good administration of justice, may be necessary if the system needed to evolve. The image would then be considered as the breadcrumb trail on the « path leading to the sentence »
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Jonas Siber. L'image et le procès pénal. Droit. Université de Lorraine, 2017. Français. ⟨NNT : 2017LORR0116⟩. ⟨tel-01761445⟩

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