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Secret et justice pénale

Abstract : The notion of secrecy as regards penal Law appears in two main significances. First there is a secrecy which can be called secrecy of the "judicial matter". this secrecy which the justice as such and as entity, is a right to put forward towards the outside, towards the audience, enables to protect the security and the efficiency of the preliminary investigations (secrecy of the inquiry and secrecy of the investigation and hearing of a case), the secrecy of its proceedings (secrecy of the deliberation) but also the efficiency of the accomplishment of some decisions. - Who are the persons bound to this secrecy of the "judicial matter" as the lawsuit advances? - Which are the foundations and which is the reach of the obligation to be bound to the secrecy of the "judicial matter"? - Which is the own nature of this secrecy? - Finally which is its future? Such are the several questions which are tackled in the first part of this work devoted to the secrecy of the "judicial matter". Second main significance of the notion of secrecy as regards penal law: there is secrecy said "professional secrecy" whose possessors are all that at a certain point take on the quality of necessary confidant. this secrecy puts forward most of the time either by representatives of the law, either by members of liberal professions, corresponds this tile to a secrecy, no longer of the law but a secrecy opposed to the inquiries of the law. Which is the power of this secrecy, which are its limits when it finds itself opposed to the penal law? Such is the double main questioning raised up along the second part of this work devoted to the professional secrecy opposed to the penal law.
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Submitted on : Tuesday, April 24, 2018 - 4:09:29 PM
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  • HAL Id : tel-01777011, version 1



Laure Hellenbrand. Secret et justice pénale. Droit. Université Nancy 2, 1997. Français. ⟨NNT : 1997NAN20018⟩. ⟨tel-01777011⟩



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