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Le droit de critique et le droit pénal

Abstract : This study constitutes a synthesis of the repression of all infractions which are due to a criticism, such as libel, slander, outrages and offenses, calamitous denunciation, diverse provocations and vindications, the offenses under the articles 226 and 227 of the penal code. The first part is consecrated to the study of that which results in social reprobation, in other words of the elements constituting the illicit critic. the object is to demonstrate the weaknesses underlying the two usual components of an infraction: the material element is weakened by the lack of reason, on one hand related to a very extensive definition of the infractions and, on the other hand, of the preventive nature of the intervention of the penal code; whereas the moral element is either reduced to its simplest expression or is inexistant due to the presence of presumptuous intentions. The second part studies the justifying facts pertaining to the criticism's infraction itself; justifying facts which appear insufficient to correct the rigorousness of the incriminations. In reality it is only thanks to the procedural traps set up along the victim's pathway and to a relative clemency of the penal judge that the freedom of speech and criticism seems to be protected.
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Submitted on : Tuesday, April 24, 2018 - 4:10:05 PM
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  • HAL Id : tel-01777060, version 1



Geneviève Tillement. Le droit de critique et le droit pénal. Droit. Université Nancy 2, 1991. Français. ⟨NNT : 1991NAN20005⟩. ⟨tel-01777060⟩



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