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Article

French

ID: <

10670/1.fh4v72

>

Where these data come from
Retour critique sur le principe d'unicité de qualification des faits en droit pénal

Abstract

The Cour de Cassation's Criminal Chamber has recently stated in several cases that « facts which proceed inseparably from a single action characterized by a single guilty intention cannot give rise, against the same accused, to two convictions of criminal nature, even if they are concomitant ». Such a solution complicates the resolution of ideal qualifications competitions, which has never been clearcut under French criminal law. It is also the opportunity to look back at the relevance of the principle of unicity of qualification of the facts and to question its alleged relation to the ne bis in idem principle.

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