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Thesis defended by Lydie Besombes,« The patrimony of criminal origin » under the supervision of Mr Segonds Marc IRDEIC
on the December 5, 2015
09h30
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Thesis defended: The patrimony of criminal origin
Abstract :

As regards Patrimony of criminal origin, the criminal law ensures as well the protection of the items of the patrimony offender as their captation. To deal with the subject of the patrimony of criminal origin is to understand its connection with the criminal law. It appears first that the criminal matter has elaborated its own constituting of both patrimony and patrimony of criminal origin. While being a part of the other lines of law because it’s inspired by the same concepts, it frequently distorts and shapes them, as for instance the concepts of ownership and free disposal, in order to make them enter into the criminal field. Thus the criminal law marks its autonomy towards the other matters. It appears then that the criminal law considers as well seizure, i.e. the capitation of the criminal assets upstream, as forfeiture or capitation downstream. When the first one makes unavailable a whole or a part of the patrimony offender, the second one leads to its dispossession for the benefit of the State. Although they have a not negligible progression margin, these mechanisms lead to bring the legislator nearer to his final objective, namely to make impenetrable the legal economy to the originally criminal assets or assets of criminal aim.

 

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Additional information

Jury :
M. Marc SEGONDS Toulouse 1 Capitole University phd Supervisor
M. Guillaume BEAUSSONIE Toulouse 1 Capitole University Examiner
M. Gilles DUTEIL Université d'Aix-Marseille Examiner
M. Frédéric STASIAK University of Lorraine Reporter
M. François FOURMENT François-Rabelais de Tours University Reporter

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