Le mineur, son corps et le droit criminel

Abstract : This study is set to examine the connection between protection and autonomy of minors in penal Law. While other branches of Law allocate prerogatives to under eighteen years olds, penal Law tends to limit the exercise of these prerogatives. In essence, minors need their body to be protected because of their fragility. This protection is provided by penal Law and is sometimes provided against the individual himself. Therefore, the protection can lead to an infringement on the minor?s freedom. However, minority is progressive and this specific protection has to diminish as the fragility also decreases in order to allow young people to become autonomous. Thus, it is relevant to study how Law fits to the characteristics of minority and to find out the balance point between minors? body protection and the autonomy youngsters tend to gain by growing up. Minority is a temporary state and protection rules aim to lead young people to majority, not to make them incapable and immature during the eighteen first years of their lives. When does protection switch into autonomy ? The question of maintaining a general protection principle can be asked as there are many situations in which a minor has got the exercise of prerogatives on his own body . The numerous exceptions could justify the creation of an intermediary state: it would permit the recognition of the moment in which protection could step aside in favor of autonomy.
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Bertrand Marrion. Le mineur, son corps et le droit criminel. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20004⟩. ⟨tel-01777295⟩

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