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La mutation de la mise en état des affaires pénales à l'épreuve des droits européens

Abstract : Beyond the inconstancy which defines the pre-trial phase of proceedings, it is characterised by its metamorphosis. Because of the multiplication of ways of dealing with delinquency and the increasing possibilities of police inquiry, the pre-trial phase of proceedings, which should have been just a precondition to the preliminary judicial investigation, turns out to be the common framework, in a system not built for it. It leads to the decline of the rights of defence and of the judge. Neither a global perspective of the procedure nor the last reforms, for the most part inspired by European laws, fully overcame it. Confronting the consequences of police inquiry increasing with European rights, highlights several concerns on the full compatibility of the current system with the supranational standards. They support accommodations, encouraged by the searchers as well as the professionals, to solve observed imbalances. If the compliance of French law must guide the recommended adjustments, they should be reviewed in the light of their impacts on the global system, where inquiry and information still coexist. The will of consistency may encourage to promote more measured solutions, combining a moderate strengthening of the rights during police inquiries to an articulation of the investigation proceedings frameworks, focused on a reinforced control of the judge. The perspective of the integration of an European Public Prosecutor’s Office, which creation was formally acknowledged October 12th 2017, characterised by its openness to other national legal systems, makes these propositions uncertain. At short or medium term, adjustments ensued by its integration will lead to rethink the pre-trial phase of proceedings, to ensure its balance and consistency.
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Submitted on : Friday, September 21, 2018 - 3:09:06 PM
Last modification on : Friday, January 17, 2020 - 12:06:05 PM


Version validated by the jury (STAR)


  • HAL Id : tel-01878827, version 1



Florie Winckelmuller. La mutation de la mise en état des affaires pénales à l'épreuve des droits européens. Droit. Université de Strasbourg, 2017. Français. ⟨NNT : 2017STRAA030⟩. ⟨tel-01878827⟩



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