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Abstract : This thesis consists of explaining the shortcomings of French law in self-incrimination. This notion is non-existent in France and does not ensure that litigants respect the rights of the defense asserted. Indeed, the absence of this right in the Code of Criminal Procedure or any other French text poses difficulties because the rights of the defense are not fully guaranteed. Some mechanisms are validated while they are detrimental. It is imperative that this notion, with all the aspects it encompasses, be taken into account in French law. If the American and Canadian system privileges it so much it is good that this right not to incriminate itself requires a deep development. It will also be important to observe how the French criminal law attempts to circumvent it, especially with regard to some alternatives to judgment such as plea-bargaining. The question will therefore be whether it is preferable to favor an infringement of the rights of the defense or the sentence that may result from it
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Submitted on : Friday, June 28, 2019 - 4:50:07 PM
Last modification on : Wednesday, September 9, 2020 - 3:39:14 AM


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  • HAL Id : tel-02168443, version 1


Marine Giorgi. L'auto-incrimination. Droit. Université Montpellier, 2019. Français. ⟨NNT : 2019MONTD003⟩. ⟨tel-02168443⟩



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