♥️♥️ If you liked this video, don't hesitate to like it, comment and subscribe so you don't miss the next ones. ♥️♥️ If you want to follow our news, join us on our networks: 📸 instagram: / filezdroit 🐦 twitter: / droitfilez ⚠️ Warning ⚠️ This video is only intended to help you understand judgments that are sometimes quite complex. They are in no way intended to replace the doctrine which constitutes a solid source of knowledge. Don't forget that plagiarism is prohibited and severely punished in the academic context. So don't forget to cite your sources and put your quotes in quotation marks. ⤵️ Here is the text of the video ⤵️: The PERDEREAU ruling is an important ruling on the concept of impossible offense. It is with this ruling that the Court of Cassation answered an original question: can one be convicted for trying to kill someone who was already dead? The facts of the case are as follows: during a violent confrontation between three people: two are fighting and the third is standing back. One of the two fighters hits his opponent with an iron bar, before pressing with all his weight with the bar on the victim's neck, causing his death. The two men left him for dead. But, Félix Perdereau, who thought the man was still alive and to finish it off, came back the next day to try to finish him off. He hit him with a bottle and strangled him without knowing that the victim was already dead. On July 11, 1985, Mr. PERDEREAU was brought before the Essonne Assize Court accused of attempted voluntary homicide. Convicted, he filed an appeal in cassation to contest this judgment. The question then arose: can someone be convicted of the murder of a person who is already dead? A quick reminder: The attempt, defined in Article 121-5 of the Penal Code, targets the offense that has been partially carried out. Two elements make it possible to constitute such an attempt: the start of execution, then the involuntary withdrawal of the perpetrator. Thus, in the event of an attempt, the offense is not consummated. But the will of the perpetrator is intact, so we will consider his "iter criminis": that is to say the guilty intention. It is not the result that is condemned, but the will. This is why Article 121-4 states that the "perpetrator of the offence is the person who […] attempts to commit a crime". The attempted offence and the completed offence follow the same regime. Let us return to our case. On this basis of Article 121-5, the Criminal Division of the Court of Cassation will thus maintain the notion of attempted murder. It states that there was indeed a start to execution (in this case, the strangulation of the corpse). Therefore, if the offence was not completed, it is not because of the voluntary withdrawal of the perpetrator, but only the consequence of a circumstance beyond his control: the prior death of the victim. All the elements are therefore present to proceed with the repression of the attempted murder, even though, in fact, the solution may seem surprising since Mr. PERDEREAU did not actually kill anyone. The judgment: https://www.legifrance.gouv.fr/juri/i... Provisions of the penal code relating to the judgment: https://www.legifrance.gouv.fr/codes/... Information sheet: https://www.dalloz.fr/documentation/D...