Within CREDIMI, Crépine Flore Sènan Batonon analyzed the opportunity of prosecution in French and Beninese legislation.

Crépine Flore Sènan Batonon, researcher at CREDIMI (Université de Bourgogne).

Thesis defended in 2024 at the doctoral school École doctorale Droit, Gestion, Economie et Politique (Dijon ; Besançon ; 2017-....).

Referenced in the ABES/STAR network, this thesis meets the rigorous criteria of French higher education.

The opportunity of prosecution is a fundamental principle that allows the prosecutor to decide whether to pursue an offense. In France and Benin, this principle is governed by legal texts, but its application raises crucial questions about the guarantee of fundamental rights. The study by Crépine Flore Sènan Batonon highlights the shortcomings of this legal framework, which can compromise judicial independence and the protection of citizens' rights. These shortcomings are not merely theoretical; they have concrete repercussions on the daily lives of citizens, who may find themselves at the mercy of a biased or unfair judicial system.

It is essential to understand that the opportunity of prosecution is not simply a matter of legality, but also of justice. Prosecutors, when evaluating complaints and denunciations, must navigate between the necessity of prosecution and the respect for fundamental rights. This duality is particularly delicate in contexts where judicial resources are limited, as is often the case in Benin. For example, a prosecutor may face a multitude of cases of corruption or domestic violence but must make difficult choices about which cases to pursue, often under pressure from public opinion or political authorities. However, the analysis reveals that this evaluation is often influenced by external factors, including the dependence of the public prosecutor's office on the executive branch. This situation poses a serious risk to judicial independence, as it can lead to biased or arbitrary decisions. In some cases, it may even result in selective prosecutions, where certain offenses are systematically ignored due to their political or social nature.

The recommendations made in this thesis are clear: it is imperative to reform the prosecution system to ensure better protection of fundamental rights. Establishing a prosecution system based on adapted legality could provide a stronger framework for evaluating offenses. This would involve redefining the criteria for prosecution, incorporating elements such as the social impact of offenses and the need to protect victims. Furthermore, strengthening the independence of the public prosecutor's office is crucial. This could involve eliminating individual instructions that compromise this independence, thereby allowing prosecutors to act impartially. For example, internal control mechanisms and training on judicial ethics could be implemented to ensure that prosecution decisions are made on objective grounds.

The question that arises is: how can these reforms be effectively implemented? Decision-makers must recognize the importance of these changes to ensure fair justice that respects human rights. This requires strong political commitment, as well as the mobilization of civil society to monitor and demand accountability. Legislative and institutional reform is not only a necessity but also an opportunity to strengthen citizens' trust in the judicial system. Ultimately, it is about ensuring that justice is not only a matter of law but also of rights and equity.

To illustrate this, let us take the example of Benin, where recent reforms have been implemented to improve access to justice. These reforms, although encouraging, must be accompanied by constant vigilance to prevent abuses. The establishment of specialized courts to handle corruption cases could also be considered, to ensure that these cases are treated with the rigor they deserve. In summary, the opportunity of prosecution must be rethought not only as a tool of repression but also as a lever to promote social justice and protect the rights of the most vulnerable.

Sources and Access

Crépine Flore Sènan Batonon. Etude critique de l'opportunité des poursuites dans les législations française et béninoise. Droit. Université Bourgogne Franche-Comté, 2024. Français. ⟨NNT : 2024UBFCF003⟩. ⟨tel-05531434⟩

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