L'homicide involontaire aux XVIIIe et XIXe siècles, d'après la jurisprudence conservée aux archives départementales de Meurthe et Moselle

Abstract : An analytical study on the offence of manslaughter has been done in order to outline the differences which appeared in this field between the XVIIIth century and the XIXth century. Firstly, as to the concept itself, it was particularly difficult to define a distinction between murder and manslaughter during the XVIIIth century. The main differences lied in the fault committed by the defendant. Thus, in the case of manslaughter it was considered that the offence was involuntarily committed. In the XIXth century, the institution of the code penal has changed drastically the current criminal system of this time. Indeed, the offence of manslaughter has been defined by the article 319 of the code penal, which provided also its regulation. Concerning the criminal procedure applied to manslaughter during the XVIIIth century, it is relevant to study the code Leopold, and more generally the ordonnance de 1670. As it was difficult for the courts to make a distinction between the notions of murder and manslaughter, a common procedure was started. Then, in a case of manslaughter, the procedure was characterized by a "letter of remission", which ended the procedure. In the XIXth century, both the code penal and the code d'instruction criminelle disrupted the system. The procedure applied has become far less strict for the defendant; it was more structured and respectful of the rights of the defence. Finally, as to the sanctions, an obvious evolution appeared between the XVIIIth century and the XIXth century. The penalty pronounced during the ancient regime was extremely severe, whereas alleviation was noticed during the XIXth century. The evolution of the moral standards, and of the society, dealt the lawmaker to take into consideration new principles for the elaboration of the code penal
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http://docnum.univ-lorraine.fr/prive/BUD_T_1997_0021_BOYE.pdf
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Submitted on : Tuesday, April 24, 2018 - 4:09:30 PM
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Catherine Boyé. L'homicide involontaire aux XVIIIe et XIXe siècles, d'après la jurisprudence conservée aux archives départementales de Meurthe et Moselle. Droit. Université Nancy 2, 1997. Français. ⟨NNT : 1997NAN20021⟩. ⟨tel-01777013⟩

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