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Responsabilité pénale du dirigeant : regard critique

Abstract : The criminal liability system of the leader disconcerts by the originality of the legal mechanisms allowing itsimplementation. That responsibility reveals insufficiencies as well on the level of the incrimination as ofrepression. Whereas first is affected by serious conceptual and functional deficiencies, the second isdissociated by a doubly perceptible preeminence. The latter appears, on the one hand, by wideningunceasingly crescent of the sphere of repression, like by the multiplication of the potentially responsibleactors. Repressive excess is illustrated, in addition, by the reduced place booked with impunity. It appears,indeed, which the leader can only very exceptionally call upon usefully the objective and subjective causesof irresponsibility of common right, these last being generally, either misfit, or equipped with an impactlimited in its connection. The restriction of impunity in addition seems corroborated by the quasiimprescriptibilityof certain infringements aiming it. This criminal policy basically centered on repressionappears ineffective, even against-productive. Also, a critical analysis of the criminal responsibility of theleader makes it possible it to raise the insufficiencies of them and to underline contradictions of them. Itresults wondering about the appropriateness of repression in criminal law of the business and in redefiningon more coherent bases the criteria having to control the recourse to the penal sanction with regard to theleader. Such a redefinition makes it possible to operate a redeployment of repression towards civilalternatives to repressive or regulating purpose.
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Submitted on : Friday, September 14, 2018 - 2:05:08 PM
Last modification on : Friday, September 13, 2019 - 1:26:00 AM
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  • HAL Id : tel-01874557, version 1



Gérard Hervé Vilon Guezo. Responsabilité pénale du dirigeant : regard critique. Droit. Université d'Orléans, 2016. Français. ⟨NNT : 2016ORLE2091⟩. ⟨tel-01874557⟩



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