La motivation des peines prononcées en droit français. Analyse interdisciplinaire d’un objet pénal entre théorie et pratique juridiques

In 2017-2018, French law has undergone a shift in the question of the judge's explanation of the sentence he or she pronounces against the person responsible for a criminal offence. Yesterday, the judge did not, in principle, have to explain his decision on penalty. Now, transparency requires that he must give the reasons for his choice. The changing is very significant: the rule that was overturned was based on a concept of punishment and the role of the judge inherited from the French Revolution ; the new rule is the result of the gradual disappearance of this old system. The affirmation of a general principle of motivation of the sentence handed down thus contributes to an overall transformation of the system of penal repression. At stake are in particular the meaning of penalty (incurred, pronounced, executed), the devolution of the power to punish in a liberal democracy, and fundamental rights. As a means of access to these upheavals that are beyond and embody these changes, the motivation of sentences will be considered here as a total social fact rather than a question of pure legal technique. The project therefore intends to marry applicable law and law applied by judges - problems of appropriation of the new system are expected. To achieve this, the team is interdisciplinary (law, forensic medicine, psychology and sociology), includes practitioners from the judicial and prison worlds and is confronted with foreign correspondents.