Le hasard et l'incrimination

Abstract : According to the logic of law, after having established all the facts and the law is properly applied, a person's liability should not depend chance. nevertheless, there are in fact many cases where a person's liability to conviction turns entirely on events which do not affect either his dangerousness to society or his moral blameworthiness or innocence, but on events which were unknown to his or outside his control - matters of hasard. In other words, there are cases of guilt by misfortune and cases of innocence by good fortune. To avoid this kind of hasard, the legislator, when defining criminal offences, must realise that the criminal offences and the degree of punishment should not be based on the harm done but rather on the moral culpability and the dangerousness of the wrongdoer.
Document type :
Theses
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http://docnum.univ-lorraine.fr/prive/BUD_T_1992_0004_MENAKANIST.pdf
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https://hal.univ-lorraine.fr/tel-01777053
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Submitted on : Tuesday, April 24, 2018 - 4:10:00 PM
Last modification on : Wednesday, April 25, 2018 - 1:32:29 AM

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  • HAL Id : tel-01777053, version 1

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Citation

Twekiat Menakanist. Le hasard et l'incrimination. Droit. Université Nancy 2, 1992. Français. ⟨NNT : 1992NAN20004⟩. ⟨tel-01777053⟩

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