L'effectivité de la sanction pénale

Abstract : The question of the effectiveness of criminal sanction is the cause of great debate. The criminal sanction would be, so often, partially effective. It must be said that according to common thinking, the effectiveness of criminal sanction corresponds to the rate of application of the pronounced sanction and to the relation of conformity between the pronounced sanction and the executed sanction. Any difference between these two poles could be seen as the demonstration of a situation of ineffectiveness. This approach of the effectiveness is simplistic, it does not make it possible to apprehend this notion in its entirety.Considering as effective “what produces an effect”, the study of the effectiveness of criminal sanction cannot be limited to simply checking the correspondence between the pronounced sanction and the executed sanction, it extends to the evaluation of the effects produced by the sanction. The effectiveness, which is a state, cannot nevertheless be confused with the execution which corresponds to the whole of the process making it possible to reach that point. At the core of the search for the production of the sanction’s effects, the execution is then the source of the required effectiveness. In all probability, the executed sanction will produce effects. However, unless we empty the notion of effectiveness of its meaning, it is not possible to consider that all of the effects which the sanction is likely to produce concern its effectiveness. Only the effects in conformity with the finality which is assigned to it integrate this notion. While distinguishing the effectiveness from the efficacy, the effectiveness of the sanction will be assessed in light of the effects which contribute to the maintenance of social peace.
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Catherine Tzutzuiano. L'effectivité de la sanction pénale. Droit. Université de Toulon, 2015. Français. ⟨NNT : 2015TOUL0093⟩. ⟨tel-01405168⟩

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