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Genre/Form: | Thèses et écrits académiques |
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Material Type: | Document, Thesis/dissertation |
Document Type: | Computer File |
All Authors / Contributors: |
Yacouba Togola; Eric Hirsoux, juriste).; Emmanuel Jeuland; Emmanuel Dreyer; Morgane Daury-Fauveau, juriste).; Haritini Matsopoulou; Université Paris-Saclay (2015-2019).; École doctorale Sciences de l'Homme et de la société (Sceaux, Hauts-de-Seine / 2015-2020).; Centre d'études et de recherche en droit de l'immatériel (Sceaux, Hauts-de-Seine).; Université Paris-Sud (1970-2019). |
OCLC Number: | 960434651 |
Notes: | Titre provenant de l'écran-titre. |
Description: | 1 online resource |
Responsibility: | Yacouba Togola ; sous la direction de Eric Hirsoux. |
Abstract:
What evokes motivation? How criminal law grasps motivation of judicial decisions ?The concept of motivation refers to several aspects that change its meaning depending on the role assigned to the judicial function. While it is understandable that a single approach does not compel, motivation should be reconsidered.Motivation is in fact generally perceived as a litigation instrument for the judge, the main aim being to limit its arbitrary power. To this end, a set of rules are binding on the judge. The review of these rules in the field of criminal law leads to an unsatisfactory result. If motivation is imposed on the judge in certain judicial decisions, it is however rejected in others, and a single criterion justifying such a distinction may not appear relevant. The objective nature of its contents is marked by gaps which feed the subjective approach to the motivation. It is when it is about method that the bypassing is the most visible : the motivation with unique sentence, the copy and paste or the practice of the pre-drafted motivation. Moreover, even exercised by the European Court, control of motivation leaves the criminal judge many appreciation margins, even sometimes a total freedom. Concerning the analysis of the criminal decisions, the right of the motivation ends in a contrasted result.Should we then go further and beyond this litigating approach of motivation? The answer is obviously positive. To better safeguard the interests of citizens, motivation must be transformed. This transformation is marked by an increasing connection between motivation and fundamental human rights. The motivation turns out to be the condition for the exercise of the rights of defense, while it fits into the category of the right to fair trial. In the dynamics of this evolution, the motivation - with the aim of the understanding and of the acceptance of the decision by the citizen - has to occupy a central place. It involves to glimpse, beyond rules compulsory for the judge to motivate the decision, certain improvements in order to achieve the recognition of a genuine right of the defendant for the motivation of the decision, its decision.
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