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La condition de la double incrimination en droit pénal international

Abstract : Double criminality is a “classic” condition in international criminal law, which is found in normative instruments relating to international cooperation in criminal matters, as well as those relating to extraterritorial jurisdiction. In these two fields, the condition of double criminality is considered fulfilled when the conduct in question is punishable under the domestic law of both states (the requesting state and the requested state, or the prosecuting State and the State in which the act was committed). Moreover, the application of this condition continues to pose difficulties, not only in substance but also in procedure. The difficulties have driven the European states to call the condition into question, at least partially; even though a total removal of the condition in its current state is impossible.
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Mohammad Altamimi. La condition de la double incrimination en droit pénal international. Droit. Université de Poitiers, 2018. Français. ⟨NNT : 2018POIT3003⟩. ⟨tel-02010753⟩

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