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Charles Dickens and the Role of Legal Institutions in Social and Moral Reform: Oliver Twist, Bleak House, and Our Mutual Friend.Swifte, Yasmine Gai January 2000 (has links)
The legal system of Victorian England is integral to Charles Dickens' novels and to their moral intent. Dickens was acutely conscious of the way in which the Victorian novel operated as a form of moral art. As a novelist he is concerned about the victims of his society and the way in which their lots can be improved. He therefore chooses to construct representative victims of legal institutions such as the Poor Law Amendment Act of 1834 and the Court of Chancery in his novels to highlight flaws in his world and the changes that might be made to improve social conditions. This thesis will examine the way in which Dickens' fictional enquiry into the social world his characters stand to inherit is focused on the legal system and its institutions, most particularly, the law of succession. By discussing three novels from different periods of his writing career, Oliver Twist (1837), Bleak House (1853) and Our Mutual Friend (1862-1865), I will suggest how his engineering of moral outcomes shows his development as a writer. The law of succession and related legal institutions such as the Court of Chancery, dealing with wills and inheritance, recurs in Dickens' novels, providing the novelist with social, moral and legal identities for his characters. These identities, as unveiled during the texts, propel the characters and plot development in particular directions in response to the novels' moral intent. The role of inheritance in Victorian society largely provides Dickens with a means to explore the adequacies of existing legal institutions, such as the means by which to prove and execute wills and the operation of the Court of Chancery. The role of inheritance also allows Dickens to examine the social condition of those who are deprived of an inheritance or who are unable to enforce their legal rights. In this respect Dickens concentrates on the appalling conditions of institutions such as workhouses and poorhouses in Victorian society and on resultant criminal activity and prostitution in the community as the disinherited struggle to survive. Dickens' study of crime in particular sheds invaluable light on the prevailing moral standards of, and difficulties with, his society. Dickens acknowledges his pedagogical role as an author, providing synopses of his lessons in the prefaces to his books and forewarning his audience of the literary devices (such as grotesquerie) that are necessary to communicate them effectively. This thesis will examine the way in which Dickens' engineering of moral outcomes through the convenient use of the law of succession becomes increasingly sophisticated as he develops as a writer. The stock plot device of the impoverished orphan child, a representative victim of such a Victorian legal institution as the Poor Laws who is morally saved when elevated into gentility by a secret inheritance, sustains the plot of Oliver Twist. The simplistic and somewhat improbable fortunes of Oliver, however, give way to the more probable moral and legal outcomes of characters such as Jo and Richard Carstone in Bleak House. In Bleak House Carstone, who is certainly a more interesting central protagonist than Esther Summerson in terms of Dickens' examination of legal institutions and their effect on moral and social outcomes in the novel, makes a ruinous attempt to manipulate the legal system and gain control over his fortune by joining the suit of Jarndyce v Jarndyce. In Our Mutual Friend, however, a complex and successful manipulation of the legal system is achieved by Harmon/Handford/Rokesmith, an adult and extremely resourceful character who, in conjunction with other characters such as Bella Wilfer and Mr Boffin, is testament to the inseparability of individual and legal identities as far as moral and social outcomes are concerned. Throughout the novels it can be seen that the abilities of Oliver Twist, Richard Carstone and John Rokesmith to manipulate the law of succession correlate directly to stages of Dickens' maturity as a writer and his increasing confidence about layering texts and developing more complex and sophisticated structures in his novels. Dickens' focus on the role of inheritance, however, entails the development of perspectives on the legal system in entirety. Oliver Twist as a novel drawing upon the traditions of sensation, and turning on events such as 'legacies, birthrights, thefts and deeds of violence', focuses intensely on the criminal justice system and establishes Dickens' famous attraction to repulsion and use of grotesquerie and popular entertainment. Oliver Twist also develops analogies between law and drama, establishing the foundation from which Dickens can employ legal metaphors to great effect in his quest for reforms of the legal system and society at large in Bleak House and Our Mutual Friend. Oliver Twist further establishes the milieu of a stratified society in which finances govern social behaviour and in which the class system is reflected in the legal system through the denial of access to justice to those who are unable to afford it, or suffer gender inequality. Bleak House builds upon the problems outlined in Oliver Twist. It explores the criminal system, particularly the defeminisation of the law and access to justice issues, including the problem of delay in litigation. Specific legal institutions such as the jury system and, most notably, the civil branch of the Victorian legal system with a particular focus on the equitable procedures in the Court of Chancery are examined. Jo is a transmutation of Oliver as representative victim of the Poor Laws, and his fate as such appears more probable. Richard Carstone is, however, the central character in the novel in terms of his construction as the representative victim of the civil system and of the law of succession. In Our Mutual Friend Dickens refines his use of the law of succession and other legal institutions to propel characters into directions suited to his own agendas. The entire plot is constructed from the premise of the execution of a will arising out of the death of John Harmon whose murder is a crime that has never, in fact, been committed. The ramifications of the execution of this will and subsequent codicils are extremely interesting. The novel further examines problems of access to justice and gender inequality under the prevailing legal system, particularly through Bella Wilfer. As part of the development of Dickens' use of the legal system there is a perceptible development of his powers of characterisation. Richard Carstone is a more substantial and believable character than Oliver; John Harmon offers the opportunity for Dickens to experiment with a chameleon identity. This aspect of Dickens' development, however, has received substantial attention already, particularly by Arnold Kettle, Barbara Hardy, Monroe Engel and Grahame Smith. There has been, to the best of my knowledge, little work done on his use of the law of succession, and it is here that I wish to concentrate my argument. Much of Dickens' interest in the law appears to stem from his early career as a legal clerk in Lincoln's Inn and Doctors' Commons. His first job, as a writing clerk in the office of Ellis and Blackmore, a small set of chambers in Holborn Court, involved duties such as copying documents, administering the registration of wills and running errands to other legal offices and law courts. Public offices with which Dickens came into contact in the course of this job were the Alienation Office, the Sixpenny Receivers Office, the Prothonotaries Office, the Clerk of the Escheats, the Dispensation Office, the Affidavit Office, the Filazer's, Exigenter's and Clerk of the Outlawry's Office, the Hanaper Office and the Six-Clerk's office . This employment gave Dickens an exposure to a wide range of jurisdictions and legal precedents. Through this contact with a variety of legal practices, Dickens experienced a broad range of litigation which enabled him to develop opinions on the contemporary operation of the law and its efficacy in the administration of justice. Such experience almost certainly sowed the seeds for much of the critique of the legal system found in his novels. In 1829 when he joined Doctors Commons, Dickens was exposed to ecclesiastical and naval jurisdictions including a Consistory Court, A Court of Arches, the Prerogative Court, the Delegates Court and the Admiralty Court. In this role Dickens was employed by a firm of proctors to take notes on evidence and judgments. This job as a shorthand reporter granted Dickens the opportunity to observe at close range members of the legal profession such as clerks, proctors, secretaries and Doctors. Probably as much through a process of osmosis as anything else, Dickens gained an understanding of the mechanics of basic legal procedures through this type of employment. In order to work as a court reporter, Dickens was required to use shorthand, a method of taking notes that perhaps allowed Dickens to develop the skill to think and write quickly. It was probably at this early stage in his career that the duality of law and literature began to come together for Dickens, developing at a later stage into his volumes of legal fiction. The anonymity of the law writer's existence, as captured later in Dickens' description of Nemo the law-writer in Bleak House, who either lived or did not live by law-writing according to Krook, also may have prompted Dickens to begin writing original works with legal themes.
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Charles Dickens and the Role of Legal Institutions in Social and Moral Reform: Oliver Twist, Bleak House, and Our Mutual Friend.Swifte, Yasmine Gai January 2000 (has links)
The legal system of Victorian England is integral to Charles Dickens' novels and to their moral intent. Dickens was acutely conscious of the way in which the Victorian novel operated as a form of moral art. As a novelist he is concerned about the victims of his society and the way in which their lots can be improved. He therefore chooses to construct representative victims of legal institutions such as the Poor Law Amendment Act of 1834 and the Court of Chancery in his novels to highlight flaws in his world and the changes that might be made to improve social conditions. This thesis will examine the way in which Dickens' fictional enquiry into the social world his characters stand to inherit is focused on the legal system and its institutions, most particularly, the law of succession. By discussing three novels from different periods of his writing career, Oliver Twist (1837), Bleak House (1853) and Our Mutual Friend (1862-1865), I will suggest how his engineering of moral outcomes shows his development as a writer. The law of succession and related legal institutions such as the Court of Chancery, dealing with wills and inheritance, recurs in Dickens' novels, providing the novelist with social, moral and legal identities for his characters. These identities, as unveiled during the texts, propel the characters and plot development in particular directions in response to the novels' moral intent. The role of inheritance in Victorian society largely provides Dickens with a means to explore the adequacies of existing legal institutions, such as the means by which to prove and execute wills and the operation of the Court of Chancery. The role of inheritance also allows Dickens to examine the social condition of those who are deprived of an inheritance or who are unable to enforce their legal rights. In this respect Dickens concentrates on the appalling conditions of institutions such as workhouses and poorhouses in Victorian society and on resultant criminal activity and prostitution in the community as the disinherited struggle to survive. Dickens' study of crime in particular sheds invaluable light on the prevailing moral standards of, and difficulties with, his society. Dickens acknowledges his pedagogical role as an author, providing synopses of his lessons in the prefaces to his books and forewarning his audience of the literary devices (such as grotesquerie) that are necessary to communicate them effectively. This thesis will examine the way in which Dickens' engineering of moral outcomes through the convenient use of the law of succession becomes increasingly sophisticated as he develops as a writer. The stock plot device of the impoverished orphan child, a representative victim of such a Victorian legal institution as the Poor Laws who is morally saved when elevated into gentility by a secret inheritance, sustains the plot of Oliver Twist. The simplistic and somewhat improbable fortunes of Oliver, however, give way to the more probable moral and legal outcomes of characters such as Jo and Richard Carstone in Bleak House. In Bleak House Carstone, who is certainly a more interesting central protagonist than Esther Summerson in terms of Dickens' examination of legal institutions and their effect on moral and social outcomes in the novel, makes a ruinous attempt to manipulate the legal system and gain control over his fortune by joining the suit of Jarndyce v Jarndyce. In Our Mutual Friend, however, a complex and successful manipulation of the legal system is achieved by Harmon/Handford/Rokesmith, an adult and extremely resourceful character who, in conjunction with other characters such as Bella Wilfer and Mr Boffin, is testament to the inseparability of individual and legal identities as far as moral and social outcomes are concerned. Throughout the novels it can be seen that the abilities of Oliver Twist, Richard Carstone and John Rokesmith to manipulate the law of succession correlate directly to stages of Dickens' maturity as a writer and his increasing confidence about layering texts and developing more complex and sophisticated structures in his novels. Dickens' focus on the role of inheritance, however, entails the development of perspectives on the legal system in entirety. Oliver Twist as a novel drawing upon the traditions of sensation, and turning on events such as 'legacies, birthrights, thefts and deeds of violence', focuses intensely on the criminal justice system and establishes Dickens' famous attraction to repulsion and use of grotesquerie and popular entertainment. Oliver Twist also develops analogies between law and drama, establishing the foundation from which Dickens can employ legal metaphors to great effect in his quest for reforms of the legal system and society at large in Bleak House and Our Mutual Friend. Oliver Twist further establishes the milieu of a stratified society in which finances govern social behaviour and in which the class system is reflected in the legal system through the denial of access to justice to those who are unable to afford it, or suffer gender inequality. Bleak House builds upon the problems outlined in Oliver Twist. It explores the criminal system, particularly the defeminisation of the law and access to justice issues, including the problem of delay in litigation. Specific legal institutions such as the jury system and, most notably, the civil branch of the Victorian legal system with a particular focus on the equitable procedures in the Court of Chancery are examined. Jo is a transmutation of Oliver as representative victim of the Poor Laws, and his fate as such appears more probable. Richard Carstone is, however, the central character in the novel in terms of his construction as the representative victim of the civil system and of the law of succession. In Our Mutual Friend Dickens refines his use of the law of succession and other legal institutions to propel characters into directions suited to his own agendas. The entire plot is constructed from the premise of the execution of a will arising out of the death of John Harmon whose murder is a crime that has never, in fact, been committed. The ramifications of the execution of this will and subsequent codicils are extremely interesting. The novel further examines problems of access to justice and gender inequality under the prevailing legal system, particularly through Bella Wilfer. As part of the development of Dickens' use of the legal system there is a perceptible development of his powers of characterisation. Richard Carstone is a more substantial and believable character than Oliver; John Harmon offers the opportunity for Dickens to experiment with a chameleon identity. This aspect of Dickens' development, however, has received substantial attention already, particularly by Arnold Kettle, Barbara Hardy, Monroe Engel and Grahame Smith. There has been, to the best of my knowledge, little work done on his use of the law of succession, and it is here that I wish to concentrate my argument. Much of Dickens' interest in the law appears to stem from his early career as a legal clerk in Lincoln's Inn and Doctors' Commons. His first job, as a writing clerk in the office of Ellis and Blackmore, a small set of chambers in Holborn Court, involved duties such as copying documents, administering the registration of wills and running errands to other legal offices and law courts. Public offices with which Dickens came into contact in the course of this job were the Alienation Office, the Sixpenny Receivers Office, the Prothonotaries Office, the Clerk of the Escheats, the Dispensation Office, the Affidavit Office, the Filazer's, Exigenter's and Clerk of the Outlawry's Office, the Hanaper Office and the Six-Clerk's office . This employment gave Dickens an exposure to a wide range of jurisdictions and legal precedents. Through this contact with a variety of legal practices, Dickens experienced a broad range of litigation which enabled him to develop opinions on the contemporary operation of the law and its efficacy in the administration of justice. Such experience almost certainly sowed the seeds for much of the critique of the legal system found in his novels. In 1829 when he joined Doctors Commons, Dickens was exposed to ecclesiastical and naval jurisdictions including a Consistory Court, A Court of Arches, the Prerogative Court, the Delegates Court and the Admiralty Court. In this role Dickens was employed by a firm of proctors to take notes on evidence and judgments. This job as a shorthand reporter granted Dickens the opportunity to observe at close range members of the legal profession such as clerks, proctors, secretaries and Doctors. Probably as much through a process of osmosis as anything else, Dickens gained an understanding of the mechanics of basic legal procedures through this type of employment. In order to work as a court reporter, Dickens was required to use shorthand, a method of taking notes that perhaps allowed Dickens to develop the skill to think and write quickly. It was probably at this early stage in his career that the duality of law and literature began to come together for Dickens, developing at a later stage into his volumes of legal fiction. The anonymity of the law writer's existence, as captured later in Dickens' description of Nemo the law-writer in Bleak House, who either lived or did not live by law-writing according to Krook, also may have prompted Dickens to begin writing original works with legal themes.
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Perícia e investigação criminal: uma proposta de melhoria do modelo organizacional visando a otimização de resultadosOliveira, João Luiz Moreira de 21 October 2013 (has links)
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Previous issue date: 2013-10-21 / The present work discusses a new organizational model for the Criminalistics in which an integrated, harmonic and independent development along with the Police Investigation is possible. It aims at changing the current model, in which Criminalistics has only a limited and punctual presence, to a new one which allows for a parallelism between Criminalistics and Police Investigation. The importance of using Criminalistics as an excellence tool for criminal investigation and fighting impunity in the investigation procedures is also emphasized. The first section presents the main topic, objectives, discussed areas and relevance. Next, a research of previous works related to the topic is presented, including an exposition of the fundamental concepts of Criminalistics and its connections to the Criminal Justice System, aimed at showing its potential in the criminal investigation. The utilized research methodology is then presented, followed by a discussion of the analysis of the criminal investigation procedures and criminalistics, in which the underlying problems are sought for and proposals are made for improving the organizational model. Cases related to the various areas of criminal knowledge are also presented, and the relevance of applying the proposed model highlighted. Finally, this work aims at demonstrating that the implementation of an organizational model in which parallelism, integration and independence are present in the field investigation and criminalistics processes will allow for an optimal development of the criminal investigation and thus the best result, contributing for a greater efficiency of the persecution and criminal justice / O presente estudo trata da discussão de um novo modelo organizacional para a Perícia Criminal no qual seja possível a um só tempo, uma atuação integrada, harmônica e independente em relação à Investigação Policial, de modo a contribuir para alterar o modelo atual em que a Perícia Criminal atua apenas de forma limitada e pontual, para um modelo que permita um paralelismo entre esta e aquela, ressaltando a importância da aplicação da criminalística como ferramenta de excelência na investigação criminal e no combate à impunidade nos procedimentos investigatórios. Inicialmente, são apresentados o tema estudado seus objetivos, delimitação e relevância. Em seguida, é realizado um panorama de trabalhos anteriores relevantes para o tema aqui abordado, incluindo uma sintética exposição dos conceitos basilares da Criminalística e suas interrelações no Sistema de Justiça Criminal de modo a demonstrar o seu potencial no procedimento investigatório. É apresentada então a metodologia de pesquisa utilizada, para, em seguida, discutir-se a análise dos processos de investigação policial e perícia criminal e os resultados da pesquisa exploratória e sua análise, buscando-se identificar os problemas e propor mecanismos de melhoria do modelo organizacional. São apresentados também casos que envolvam áreas diversas do conhecimento pericial, em que se chegou a resultados efetivos graças à aplicação do modelo proposto. Ao final espera-se demonstrar que a implementação de um modelo organizacional em que haja paralelismo, integração e independência dos processos de investigação de campo e perícia técnica possibilitará uma otimização no desenvolvimento e no resultado da investigação criminal, o que contribuirá para uma maior eficiência do sistema de persecução penal e justiça criminal.
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Ne bis in idem: limites jur?dico-constitucionais ? persecu??o penalSouza, Keity Mara Ferreira de 18 August 2003 (has links)
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Previous issue date: 2003-08-18 / This legal research aims to demonstrate the prohibition in the Brazilian criminal system of a multiple imputation for the same fact in a simultaneous or successive way. For that it is developed a different idea of the subject. Through comparative, eletronic and bibliographical researches, the dissertation was accomplished in a way to establish the content of the foundations of the criminal procedural emphasizing as fundamental premise the values of the
Constitution. In the first section it was demonstrated the limits of the theme and the objective of the research. After that, it was analyzed the basic function of the criminal suit which has the important mission of limiting state's punitive power. In the same way, the criminal procedure corresponds to a warranty of the citizens' freedom. In the same section, it is shown how it is possible to abandon the myth of the real truth in the criminal law system. In the third
section of the research, there were pointed elements and definitions about the cognition object, specially the litigious object or "thema decidendum", and also the peculiarities of the judged cases. In the fourth section the subject about origins and evolution of the criminal
procedure and its objectives in the legal system is developed to demonstrate its perspectives. Some aspects of the identity's concept of the presupposition of the facts are as well demonstrated in order to relate the theme to the prohibition of multiple imputation. There are also considerations about some other important aspects as the incidence of the legal rules and the possible change on the elements of the penal type. There are several comments about legal procedural in other legal systems comparing them to Brazilian's most elevated Courts. In the end it was systematized the limits to criminal imputation, emphasizing the defende's right as a
foundation of the legal system. Is was registered that the ius persequendi can be exercised once / A presente disserta??o tem por objeto o estudo da proibi??o da m?ltipla persecu??o penal, pelo mesmo fato, seja de forma simult?nea ou sucessiva. Para tanto, atrav?s do m?todo dial?tico, foram realizadas pesquisas com o objetivo de estabelecer o conte?do do princ?pio ne bis in idem, em sua vertente processual penal, sempre tendo como premissa fundamental os valores albergados nos princ?pios e regras constitucionais. Assentados, no in?cio da primeira
se??o do trabalho, a delimita??o do tema e o objetivo da pesquisa, analisou-se, em seguida, a fun??o basilar do processo penal, o qual, numa vis?o garantista, tem a relevante miss?o de limitar frear - a f?ria do poder punitivo estatal, correspondendo a um efetivo instrumento de garantia da liberdade dos cidad?os, quando subjugados ao ius persequendi. Nessa mesma se??o, restaram destacadas a consagra??o do modelo acusat?rio de processo pela Constitui??o Brasileira de 1988 e a necessidade de abandonar o mito da verdade real, como princ?pio
informador do processo penal constitucional. Na segunda se??o da pesquisa, foram apontados os elementos definidores do objeto de cogni??o, especialmente do objeto litigioso ou thema decidendum, havendo, tamb?m, sido abordadas as peculiaridades do instituto da coisa julgada no processo penal. Dando continuidade ? pesquisa, na terceira se??o, discorreu-se sobre a origem e evolu??o do princ?pio ne bis in idem, centrando-se no tema da pesquisa, qual seja,
sua manifesta??o no processo penal e a interpreta??o que se deve atribuir aos termos que comp?em sua express?o: rela??o processual com unidade de sujeito e de fato, atrav?s de senten?a definitiva. Deu-se ?nfase, sobretudo, aos aspectos controvertidos do conceito de
identidade do fato como pressuposto da proibi??o de m?ltipla persecu??o, abordando-se, dentre outros aspectos, a incid?ncia de concurso aparente de normas e a altera??o dos elementos do tipo penal. Constam, ainda, dessa se??o, lineamentos gerais acerca da aplica??o do princ?pio ne bis in idem processual no direito comparado e nas cortes brasileiras. Por ?ltimo, sistematizou-se o sentido e alcance do princ?pio ne bis in idem, como limite ? persecu??o penal, al?m de terem sido apresentadas sugest?es, inclusive, de lege ferenda, a fim de que seja efetivamente garantido o direito fundamental assegurado ? defesa, no sentido de que, pelo mesmo substrato f?tico, o ius persequendi somente poder? ser exercido uma vez
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L'appréhension de la criminalité organisée. Étude comparative des droits français et koweïtien / The apprehension of organized crime comparative study of French and Kuwaiti lawsAlsaif, Dalal 29 March 2018 (has links)
La lutte contre la criminalité organisée est, aujourd'hui, une des priorités nationales et internationales. Pour ce faire, les États n'adoptent pas cependant toujours les mêmes solutions, comme le montre l'étude comparative des droits français et koweïtien. Sur le plan substantiel, les deux droits ont de nombreux points communs. La criminalité organisée n'a en effet pas été incriminée en tant que telle, aussi bien par le législateur français que koweïtien. Il existe cependant dans ces deux droits plusieurs incriminations permettant d'appréhender ce phénomène criminel. Il s'agit donc ou bien de lutter contre les organisations criminelles, via l'association de malfaiteurs ou l'entente criminelle, ou bien de lutter contre les activités criminelles commises par ces organisations, via la circonstance aggravante de bande organisée ou de groupe criminel organisé. Pour lutter contre la criminalité organisée, les deux droits adoptent également une politique répressive adaptée notamment en permettant aux repentis de bénéficier d'une exemption ou éventuellement d'une réduction de peine lors qu'ils collaborent avec la justice. Sur le plan procédural, les deux droits ont en revanche adopté une approche différente. Le droit français a prévu, en ce domaine, des règles de procédure dérogatoires au droit commun et a donné compétence à des juridictions spécialisées (les JIRS). Le droit koweïtien, quant à lui, se contente des règles procédurales et des juridictions de droit commun pour appréhender la criminalité organisée. Sur cet aspect, si la spécialisation des juridictions françaises ne semble guère transposable en droit koweïtien, le législateur du Koweït pourrait s'inspirer des règles dérogatoires prévues en droit français pour mieux appréhender la criminalité organisée. / The fight against organized crime is today one of the national and international priorities. To do so, however, the countries do not always adopt the same solutions, as shown by the comparative study of French and Kuwaiti laws. Substantially, the two laws have many points in common. Organized crime has not actually been criminalized as such by French and Kuwaiti legislators. There are, however, several criminalizations to apprehend this criminal phenomenon in these two laws. It is either to fight against criminal organizations, via the conspiracy (association de malfaiteurs/entente criminelle), or to fight against the criminal activities committed by these organizations, via the aggravating circumstance of organized criminal group (bande organisée/groupe criminel organisé). To fight against organized crime, both laws also adopt an adapted repressive policy that allows the collaborator of justice to be exempted from penalty or to benefit from a reduction of the sentence. Procedurally, the two laws have adopted different approaches. The French law contains some special criminal procedures, applicable to organized crime, that derogate from ordinary criminal procedures. It also conferred on the specialized courts the competence to adjudicate the organized crime cases (the JIRS). The Kuwaiti law, on the other hand, is content with relying on ordinary criminal procedures and ordinary courts to apprehend organized crime. On this aspect, if the specialization of the French courts does not seem to be transposable into Kuwaiti law, the latter can adopt the French special criminal procedures to better combat organized crime.
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