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"Study of consequential offenses : contribution to a theory of conditioned offenses" Thesis defended by Paul Cazalbou -under the supervision of M. Bertrand de Lamy (IRDEIC)
on the November 18, 2014
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Thesis defended : Study of consequential offenses : contribution to a theory of conditioned offenses

Study of consequential offenses : contribution to a theory of conditioned offenses

Abstract :

The category of offenses known as consequential offenses constitutes, according to the words of one specialist, one of the “unknown facet of criminal law”. Although it is sometimes mentioned in special criminal law and business law and more often in general criminal law textbooks, it has never been the topic of a thorough study. Moreover this category is today distorted by case law concerning two of its archetypical offenses: handling stolen goods and money laundering. The study we propose here aims at drawing up an exhaustive description of the characteristics and regime specificities of this category of offenses. This approach came to a sudden end given that this category, which was supposed to include offenses conditioned by a preliminary offense, turned out to be undistinguishable from its two classical antagonists. It appeared difficult to establish a fundamental difference between consequential offenses and the system of complicity from which they are issued. It also appeared debatable whether or not they should be excluded from the notion of criminal collusion, of which they seems to be a specific occurrence. However, the study of these offenses has not been in vain. It becomes clear that their true singularity do not consist in being conditioned by a preliminary offense but in being conditioned by an offense per se. Hereby; they form a specific expression of a broader and more legally relevant category of offenses conditioned by another offense.

Paul Cazalbou get the famous Trophées K2 reward for his work.  The Trophies K2’s objective is to value and support researchers who, owing to their imagination and creativity, but also to they working force, have made a discovery in their field of research or found an application likely to address the challenges that our societies are faced with.

More broadly, and sticking to the Cercle K2’s philosophy, its goal is to encourage the opening up of disciplines and fructuous discussions between all those contributing to the harmonious development of the City.

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Additional information

M. Bertrand DE LAMY Toulouse 1 Capitole University phd Supervisor
M. Marc SEGONDS Toulouse 1 Capitole University Examiner
Mme Valérie MALABAT University of Bordeaux IV Reporter
M. François ROUSSEAU University of Nantes Reporter

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