eprintid: 47841 rev_number: 9 eprint_status: archive userid: 2317 dir: disk0/00/04/78/41 datestamp: 2023-05-22 13:51:04 lastmod: 2023-05-22 13:51:19 status_changed: 2023-05-22 13:51:04 type: book_section metadata_visibility: show creators_name: Beaussonie, Guillaume creators_id: guillaume.beaussonie@ut-capitole.fr creators_idrefppn: 109906071 creators_halaffid: 480303 title: Do Criminal law and Compliance form a system ? ispublished: pub subjects: subjects_DROIT42 subjects: subjects_DROIT52 abstract: Because of its powerful repressive action on freedoms, criminal law is a system that must not develop. Everything, on the contrary, contains it within the strictest limits, major moderating principles – right to security, principle of legality and its corollaries, presumption of innocence etc. – being included in this set to ensure that it will not expand excessively. However, as long as reasonable proportionality remains between the goals pursued and the means mobilized, its extension does not appear illegitimate because these goals, precisely, are the most important for a given society. It is nothing less, in fact, than "to defend [...] actions harmful to society", to use Article 4 of the Declaration of 1789, in other words to preserve fundamental "social values" : human dignity, life, physical and psychological integrity, property, integrity etc. Law of gravity, causes and consequences, criminal law is not always that of effectiveness, the threat and the imposition of a sentence not enough to deter criminals. Hence the temptation, in a number of strategic areas, to replace or supplement criminal law with other equally repressive rules. Because criminal law is no longer the only one to pursue the most ambitious goals. Faced with administrative repression for several decades now, for example in tax and financial matters, it is today associated with - even penetrated by - compliance mechanisms whose objectives match its own: the fight against money laundering, the fight against corruption, environmental protection, preservation of everyone's right to their data, etc. Driven by what Professor Marie-Anne Frison-Roche describes as “monumental goals” , compliance thus participates, in its original and different way, in determining and defending what matters most to society. Moreover, by reaffirming the need to prevent certain behaviors in particular, recourse to compliance indicates, beyond the symbol, the goals that we cannot or cannot not achieve, which is why we gives itself more means to do so, even to the point of cumulating repressive rules. date: 2023-04-06 date_type: published publisher: Bruylant faculty: droit divisions: IEJUC keywords: Criminal law keywords: Compliance language: en has_fulltext: FALSE view_date_year: 2023 full_text_status: none series: Compliance & Regulation pagerange: 169-180 isbn: 9782802770794 book_title: Compliance monumental goals editors_name: Frison-Roche, Marie-Anne editors_idrefppn: 031829147 harvester_local_overwrite: eprintid harvester_local_overwrite: userid harvester_local_overwrite: faculty harvester_local_overwrite: dir harvester_local_overwrite: site harvester_local_overwrite: type harvester_local_overwrite: date harvester_local_overwrite: keywords harvester_local_overwrite: ispublished harvester_local_overwrite: pagerange harvester_local_overwrite: publisher harvester_local_overwrite: date_type harvester_local_overwrite: publish_to_hal harvester_local_overwrite: creators_name harvester_local_overwrite: language harvester_local_overwrite: book_title harvester_local_overwrite: divisions harvester_local_overwrite: editors_name harvester_local_overwrite: title harvester_local_overwrite: abstract harvester_local_overwrite: creators_id harvester_local_overwrite: subjects harvester_local_overwrite: editors_idrefppn harvester_local_overwrite: pending harvester_local_overwrite: series harvester_local_overwrite: creators_idrefppn harvester_local_overwrite: creators_halaffid harvester_local_overwrite: isbn harvester_local_overwrite: hal_id harvester_local_overwrite: hal_version harvester_local_overwrite: hal_url harvester_local_overwrite: hal_passwd site: ut1 publish_to_hal: TRUE hal_id: hal-04102695 hal_passwd: jy@k?5 hal_version: 1 hal_url: https://hal.science/hal-04102695 citation: Beaussonie, Guillaume (2023) Do Criminal law and Compliance form a system ? In: Compliance monumental goals Frison-Roche, Marie-Anne (ed.) Bruylant. Series “Compliance & Regulation” pp. 169-180. ISBN 9782802770794