Concours ENMG — Filière Judiciaire (élève magistrat)

Under Madagascar's Loi n° 66-003 relative à la théorie générale des obligations (LTGO), what is an obligation?

• AA legal bond requiring a debtor to provide a performance to a creditor or abstain from an…
• BA moral preference that can never be enforced
• CA criminal sentence imposed without a court
• DA title to public office

Which statement best defines an acte juridique in the LTGO framework?

• AAny natural event regardless of legal consequence
• BA manifestation of will intended to produce legal effects
• COnly a criminal judgment
• DOnly a notarized transfer of land

Which defect of consent involves intentional deceptive maneuvers that induce another party to contract?

• AForce majeure
• BCompensation
• CDol (fraud)
• DNovation

Which conditions allow legal set-off (compensation légale) between two debts?

• AOne debt must be criminal and the other administrative
• BBoth debts must be future and unquantified
• CThe parties must be strangers with no reciprocal claims
• DThe debts must be reciprocal, fungible, liquid, and due

What does Article 4 of Madagascar's Penal Code express through the legality principle?

• ANo offense or penalty may be imposed without a law defining it
• BJudges may create crimes by analogy
• CPolice circulars may create any felony
• DA later harsher penalty always applies retroactively

Under Article 2 of the Penal Code, what establishes a punishable attempt to commit a crime?

• AA private thought followed by no act
• BA commencement of execution that fails or is interrupted by circumstances independent of…
• CPreparatory conduct followed by voluntary abandonment before execution
• DA civil debt left unpaid

What conduct constitutes theft under Article 379 of the Penal Code?

• ALawfully taking abandoned property
• BFailing to pay interest on a civil loan
• CFraudulently taking property that belongs to another
• DCriticizing a commercial competitor

How do Articles 295 and 296 distinguish meurtre from assassinat?

• AMeurtre is negligent homicide and assassinat is any workplace death
• BMeurtre is a contravention and assassinat a civil wrong
• CMeurtre requires poison and assassinat requires a firearm
• DMeurtre is intentional homicide; it becomes assassinat when committed with premeditation…

What is the difference between action publique and action civile in criminal proceedings?

• AAction publique seeks criminal enforcement for society; action civile seeks reparation fo…
• BAction publique grants divorce; action civile collects customs duties
• CAction publique belongs only to the accused; action civile only to police
• DThere is no legal distinction

For which offense category is instruction préparatoire by an investigating judge mandatory under the ordinary CPP rule?

• AAll contraventions
• BCrimes
• CEvery private contract dispute
• DOnly parking violations

Which warrant authorizes a prison governor to receive and detain an accused person?

• AMandat de comparution
• BMandat d'amener
• CMandat de dépôt
• DCitation directe

Under Article 408 of the Code de procédure pénale, what is the ordinary composition of a cour criminelle?

• AThree prosecutors sitting without a judge
• BNine members of the National Assembly
• COne investigating judge and two police officers
• DOne magistrate as president and four assessors selected by lot

Which three superior jurisdictions make up Madagascar's Cour Suprême?

• ACour de Cassation, Conseil d'État, and Cour des Comptes
• BNational Assembly, Senate, and HCC
• CPolice, prosecution, and prisons
• DCommercial, labor, and family divisions

What is the principal reviewing function of the Cour de Cassation?

• ATo retry every case with new witnesses as a first-instance court
• BTo review whether decisions of courts of appeal and lower judicial courts comply with law
• CTo prepare the State budget
• DTo decide presidential election results

What is the ordinary role of a Cour d'Appel in Madagascar's judicial order?

• ATo enact statutes
• BTo regulate monetary policy
• CTo hear appeals from lower judicial courts under the double-degree principle
• DTo conduct every criminal investigation personally

Which court is the ordinary lower court of general jurisdiction in Madagascar's judicial organization?

• AThe Haute Cour Constitutionnelle
• BThe Cour des Comptes
• CThe Conseil d'État
• DThe Tribunal de Première Instance (TPI)