Processus pénal et mise en détention provisoire

Bibliographic Data

ID4522992
AuthorsRémi Lenoir (corresponding author)
Year1995
Volume30
Issue1
Pages357-365
Publication date1995-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueDroit et société (JOURNAL)
Journal identifiersISSN: 0769-3362 • E-ISSN: 1969-6973
PublisherPERSEE Program (PUBLISHER)
DOI10.3406/dreso.1995.1339
OpenAlexW2328824535
LanguageFR
Citations received5
References cited1

Penal Process and Detention under Remand. The use of detention under remand, frequently denounced as an example of the arbitrariness of the judiciary, is usually associated with a certain type of criminal procedure, the inquisitory procedure. This article presents the problematics and method used in a study of the set of factors involved in the process leading to the issue of a committal order. The study has made it possible to verify the Durkheimian hypothesis that jurisprudence gives precise, visible, clear and official form to the often confused or even repressed literal and personal stipulations-measures (in both meanings of the term in French) of the actors and institutional mechanisms, the functioning and the foundations of which depends more on makeshift solutions and on hierarchical and social power relations than on provisions defined and laid down in procedural rules. It reveals the perceptive and cognitive structures of the agents involved and the emergence of the ethical and social categories used by judges for making decisions in this area

Arbitrariness · Criminology · Epistemology · Jurisprudence · Political science · Sociology · African Studies and Ethnography · Education, sociology, and vocational training · Law · Multiculturalism, Politics, Migration, Gender · Philosophy · Psychology

Tools

Open DOI