L'INTERET GENERAL DANS LE PROCES PENAL

Abstract : In France criminal proceedings are usually understood as opposing one individual, defending his or her own interest, and the community at large, seeking after public interest. The current increasing complexity of the matter leads to a revaluation of this antagonism. Classically, public interest is supposed to be justifying the repression of criminal offenses or else the search for truth.This also implies a certain efficiency of the institution of justice and the respect of the procedural rules that are necessary to administrate justice properly.The confrontation of all those stakes lies in the determination of public interest which implies to strike a balance between these different issues. The search for a balance is not fixed. It evolves depending on various criminal proceedings or even within a single case. The interpretation of criminal proceedings, which influences the whole subject, differs depending on the party that makes it. Nevertheless when we determine a meaning to public interest we fix the notion and put it into a position. Taking advantage of the force of conviction attached to public interest, the protagonists, the public ones as much as the private ones, can raise their arguments in a criminal case. Therefore it is necessary to relativize, as far as possible, the tendency to refer to public interest to justify the reinforcement of one party's powers on the other, or to take legal actions. Thus the current growing fragility of public interest is not obvious. The pursuit of public interest is still linked to the criminal proceedings at two levels. It is above a guiding line of the criminal proceedings and it is below a form of justification.
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Jérôme Bossan. L'INTERET GENERAL DANS LE PROCES PENAL. Droit. Université de Poitiers (France), 2007. Français. ⟨NNT : 2007POIT3002⟩. ⟨tel-01882046⟩

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