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L'administration de la preuve en droit pénal français : exemple et pratique judiciaire de la gendarmerie nationale

Abstract : Placed at the heart of the penal process, today the evidence and its administration are facing new challenges. The modernisation of society and the exponential development of new means of communication and new technologies in all fields are shaking up the administration of evidence and the rules that govern it. At the same time, procedural rights are now being invoked alongside fundamental rights, as a result of the predominant position taken by the case law of the European Court of Human Rights and also of the European Union's criminal law. Thus, the administration of evidence must take advantage of this period of identity crisis to build a permanent legal basis that takes into account new legal, judicial and societal requirements. Consequently, the administration of evidence must lead both to the manifestation of the truth and to the guarantee of fundamental rights and freedoms. Then, in order to face the challenges and challenges of its time, the administration of evidence must meet two requirements: the quality and effectiveness of the law. This is the purpose of this work, which is resolutely pragmatic and has as its guide in the law no. 2011-392 of 14 April 2011 on custody, are based on the judicial practice of the Gendarmerie Nationale, the mission is not confined to the search for evidence alone. Indeed, on a day-to-day basis, this institution enforces and indulges in the rules of the administration of proof also needing to be a force of proposal, especially during the phase of conception of this law.
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Submitted on : Monday, June 25, 2018 - 10:49:08 AM
Last modification on : Friday, January 17, 2020 - 12:06:05 PM
Long-term archiving on: : Wednesday, September 26, 2018 - 1:25:37 PM


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  • HAL Id : tel-01822475, version 1



Céline Michta. L'administration de la preuve en droit pénal français : exemple et pratique judiciaire de la gendarmerie nationale. Droit. Université de Strasbourg, 2017. Français. ⟨NNT : 2017STRAA027⟩. ⟨tel-01822475⟩



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