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Theses

Le détenu : du statut d’assujetti au service public au statut d’usager du service public

Abstract : Following numerous reports denouncing the detention conditions indignity in the early 2000’s andvarious convictions of France by the European Court of Human Rights in this matter, prison law hasgradually evolved. The consequent change in the applicable standards to the convicted person, whois deprived of liberty then raises questions about his status and the legal category to which theybelong. For a long time, the detained person was subject to the public penitentiary service becauseof the large number of prescriptions issued by the administration to which they are subject.However, the prison law dated 24th November 2009 and the criminal law dated 15th August 2014on sentences individualization, which strengthens criminal sanctions effectiveness, seem to haveredefined the status of the detained person. These laws assert that they have the right to enjoydignified conditions of detention, but above all they make reintegration one of the main missions ofliberty deprivation and of the penitentiary public service. The detained person has thus become theholder of a right to the normal functioning of the penitentiary public service and can claim arehabilitation benefit from the penitentiary administration. They then see their status change tobecome closer to that of the public service user although the applicable law often remains specificbecause of the inherent constraints of the liberty deprivation penalty
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Submitted on : Saturday, January 2, 2021 - 1:07:38 AM
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  • HAL Id : tel-03092259, version 1

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Barbara Gonçalves. Le détenu : du statut d’assujetti au service public au statut d’usager du service public. Droit. Université Clermont Auvergne, 2019. Français. ⟨NNT : 2019CLFAD010⟩. ⟨tel-03092259⟩

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