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- Title
Réorganisation d'une infraction désorganisée: le harcèlement criminel.
- Authors
SANTERRE, Christine
- Abstract
This study introduces a profile of criminal harassment: this behaviour used to induce fear in others. It explores three dimensions: first, it looks into the temporal aspect of the condemnable act; second, it explores the emotional aspect felt by the harassed; third, it probes the intentional aspect of harassment in terms of the behaviour of the harasser. The end of the first part of this study puts forth a finding: the enforcement of section 264 of the Criminal Code beholds a true jurisprudential mayhem due to multiple legal uncertainties and incoherencies. In the second part, the author attempts to remedy such confusion by suggesting some interpretative avenues that would lead to an easier drawing of the boundaries of the intervention within penal law. She suggests that a reorganization of the constitutive components of criminal harassment would represent the key to cohesion amongst the legal authorities, particularly by making the fear felt by the harassed the pivoting point between malevolent behaviour and truly criminal behaviour. Furthermore, as the basis of the magistrate's judgement consists of internalized states, the author believes it is essential to bring to light a number of interpretative points of reference in order to guide tribunals, thus ensuring consistency in the legal interpretation of harassing behaviour.
- Subjects
HARASSMENT laws; CRIMINAL codes; ADMINISTRATIVE courts; LEGAL authorities; CRIMINAL law
- Publication
Revue Juridique Thémis, 2013, Vol 47, Issue 2, p195
- ISSN
0556-7963
- Publication type
Article