Immobilité des institutions et impunité face aux "crimes de haut niveau".

The title of the communication seems definitively blame nefariousness reported by medias and journalists (misappropriation of public funds, strategic resources trafficking, gun trafficking…). First of all, we have to pay attention to not say wrong things here. It is a contribution in academic reflection about the topic of “Violence and insecurity” in Madagascar. This title doesn’t contain any political connotation. Our intention is not to criticize or to judge the efficiency of actions and decision made by the Responsible who ever he is or where ever is his place in the system. We don’t want to involve readers and auditors to be persuaded by the credibility of the class in power; nor to argue that the opponent class has reason to be disappointed. We mean “high leveled crimes” all act which could be purchased in justice and which is impossible to be committed in ordinary way without the intervention of person with high prerogative. This is the principal question: how can we understand the fact that institution as law can be outpaced by personal charisma? The main objective of this contribution is to make explicit the dynamics and propitious condition below the situation in which the institution (law) surrender towards the individual prestige (money, honorific rank). We think to be able to develop interesting reflection by analyzing the mechanism of bureaucracy in Malagasy public administration through the juridical system in one hand; and in other hand, by comparing the degree of realization of famous “State of Law” idealin occidental country and in African country like Madagascar.

Key-words: institution, charisma, “high leveled crime”, State of Law, juridical system

04/09/2024