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Le handicap en droit criminel

Abstract : When general rules related to disability problems try to incorporate disadvantaged people in community life, criminal law is however isolated. However, it looks for equality between disadvantaged people by protecting the weakest ones against unwarranted attacks, violent offense, stroke against their personal property, even discrimination. Relation between disability problems and weakness is not systematic. Disadvantaged people may commit an offense and criminal law would adjust its response when necessary; penal responsability, rules of procedure, even punishment would be adjusted to them. Criminal law may punish behaviours which are reason of a disability or render it more heinous. For example, prenatal diagnosis, medical help to procreation and selective abortion are medical acts apprehended by criminal law because they are dangerous and can be eugenics. Violation of accessibility rules to the buildings may also be punished. Therefore, the non-uniform apprehension of disability in criminal law lead to misusing its fundamental principles
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Submitted on : Tuesday, April 24, 2018 - 4:07:01 PM
Last modification on : Wednesday, March 11, 2020 - 10:07:44 AM

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  • HAL Id : tel-01776837, version 1



Jean-Baptiste Thierry. Le handicap en droit criminel. Droit. Université Nancy 2, 2006. Français. ⟨NNT : 2006NAN21009⟩. ⟨tel-01776837⟩



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