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The materiality of the offence challenged by the extensions of the principle of territoriality

Doctor :Marine JOLY
Director :M. Yves MAYAUD
Thesis date :15 December 2014
Hours :14h30
Discipline :Law
Add to calendar 12/15/2014 14:30 12/15/2014 17:30 Europe/Paris The materiality of the offence challenged by the extensions of the principle of territoriality With the constant increase of international felony and criminality, more and more offences take place partially or totally out of France. In order to submit theses offences with a foreign element to the French criminal law, the national lawmaker and criminal courts are trying to repatriate these br... false MM/DD/YYYY
Jury :

Yves MAYAUD - Professor (université Paris 2 Panthéon-Assas)

Audrey DARSONVILLE - Professor (université Lille 2)

Édouard VERNY - Professor (université de Rennes I)

Jocelyne LEBLOIS-HAPPE - Professor (université de Strasbourg)

Didier REBUT - Professor (université Paris 2 Panthéon-Assas)

With the constant increase of international felony and criminality, more and more offences take place partially or totally out of France. In order to submit theses offences with a foreign element to the French criminal law, the national lawmaker and criminal courts are trying to repatriate these breaches within the French territory by trying to establish a link between France and the offence incorporating the foreign element. Since the National boundaries can not be modified therefore the offence is legally modified. Consequently, the rules regarding the accomplishment of the offence will be modified in order to establish its location.

The present Thesis leads to enhance an artificial progression witch consists in retaining a connection for the offence, either pertaining to the material element of the offence but witch can not be taken into account or, either not pertaining to the material element of the offence witch should not be taken into account.