This document discusses the concept of infraction in penal law, its definition, and its implications on legal security and justice.
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[...] 59) This hypothesis refers to the current penal policy that hopes to reduce the pressure on the legal institutions such as suffered by the penal jurisdictions. Predictive justice corresponds to a "set of instruments developed thanks to the analysis of large masses of justice data that propose, notably from a probability calculation, to predict as much as possible the outcome of a dispute" - Cadiet Report, Open data of judicial decisions. It aims to simplify the search and analysis of legal information for legal professionals. [...]
[...] In as much as we manage to provide a clear and tangible definition of the term 'infraction', why must we question it more specifically as lawyers? We have understood that the infraction is considered as an essential mechanism of penal law that pronounces a penalty in the name of society following a disturbance or a risk of disturbance to public order by the transgression of a rule considered essential. Thus, if the objective of the infraction is the identification of a reprehensible behavior, it is internal variables, that is to say its content, which vary according to society itself and its evolutions. [...]
[...] von Liszt, Treatise on German Penal Law, Giard et Brière ed 17th ed. Translated by R. Lobstein, p. 100) ? It is up to the Parliament to assess sovereignly the social utility since it holds the legislative power The work of the legislator is the creation of penal law and therefore his role is to determine the offenses = Art 34 of the Constitution and based on this article, the Constitutional Council imposed in a decision of January on the legislator to set himself the scope of application of penal law - Refers to the speculative dimension: the breached rule is never penal - BUT also to the subjectivity of the legislator who is the representative of society through the government: the current penal policy transposes a security logic and the development of individualism ? [...]
[...] PB: criminal law is certainly based on the idea that all prosecutable offenses must be prosecuted and although it has a general regime to which all types of offenses refer, these latter ones are then subject to casuistry. The judge must relate the legal elements to the material and moral elements that can only be interpreted through the facts of the case. The offense is certainly defined in a general way by the law but it is no less individualized and the danger of predictive justice is found in the loss of meaning that the judgment would have. [...]
[...] = « Glissant from the objective terrain of the offense to the subjective terrain of criminal intent Treatise on Criminal Law, t : General problems of criminal science, general penal law, Ed. Cujas, 7th ed p et s.) Attaching to the legal element, in other words, the sources of the legal definition of the offense, has highlighted how the penal law is constructed, it is now necessary to determine its internal functioning. II. The moral and material elements as the driving force of the functioning of penal justice. [...]
