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Presentation of judicial cindynics Haut de page


Judicial and Financial  Aspects


 Judicial Cindynics


Jean-Louis NICOLET

Face to uncertainties and technological vagaries during project study, managers and designers use deterministic analysis methods, completed by probabilistic methods in order to prevent risks.
These dispositions have been reinforced by the 07/30/2003 law related to technological and natural risks prevention and damage repair . It makes compulsory to the project manager and operator to identify and characterize risks in terms of probability, kinetics and severity.

Therefore, is the judge obliged to take into account in his decisions the specified residual risks or the predicted occurrence probabilities in the choices done before a work or service being created?
Should he on the contrary rely on proved facts to form his intimate conviction?

In other words, is the accident sufficient to prove a committed fault? Is the probabilistic approach in agreement with civil and penal law principles?
The acuity of these questions is all the greater so as condemnations and accusations rythm increases (cf contaminated blood, Mont Blanc Tunnel, St Odile Mount, Concorde, asbestos,..)
To bring answers to these questions, the Institut pour la maîtrise des risques (IMdR)creates a working group in order to clarify context and bring to managers dedicated learning.

The main themes are the following:
-judicial system analysis,
-civil and penal law evolution,
-logics in technical and judicial field,
-the role of actors intervening before and after accident (through cindynics analysis grid),
-the various trials where managers have been implied.

The WG works should give birth to an advice  and  training proposal manual  towards managers and experts in order to make them sensitive to:
-the various points of view,
-the normal solicitude in safety to be accomplished in their occupations.

J-L. NICOLET -  Judicial Expert

Jean-Pierre PETIT  - IMdR  (01 45 36 42 11).

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