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Le corps et la preuve pénale

Abstract : The purpose of each trial is to determine a judicial truth. For that, it is necessary to bring different proofs which will lead to preserve the social order, regarding civilian law as well as criminal law. The body does not escape such an objective : yesterday as today, it was and it is used for probative purposes. However, while it has been abused to obtain usefull information for a procedure throwghout history, it is now, theoretically, subject to multiple protections both national and supranational. Thus, the latter, remains a tremendos object of probative investigation, very talkative, which leads to obtain information considered more and more reliable and above all, discriminating (and this, whatever its form: global body or a simple detached element of this material human reality). So far, the visual observation of a person is not always enough for the body to become proof : body proof is mainly a scientific evidence and the growing growth of science allows an easy development of it. This is how our judicial procedures are increasingly appealing to the scientist: the scientist is a strong ally to "make the body speak" and he provides real support to the magistrate. In any case, it is necessary that a fair balance be found between the preservation of the general interest and the individual protection of the person and his body.
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Submitted on : Tuesday, March 24, 2020 - 10:15:03 AM
Last modification on : Friday, September 2, 2022 - 10:49:32 AM

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  • HAL Id : tel-02516848, version 1



Geoffrey Vibrac. Le corps et la preuve pénale. Droit. Université de Lorraine, 2019. Français. ⟨NNT : 2019LORR0230⟩. ⟨tel-02516848⟩



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