مبدأ التقاضي على درجتين في المسائل الجزائية قراءة لنص المادة 160 من التعديل الدستوري 2016 : محكمة الجنايات الابتدائية و محكمة الجنايات الاستئنافية نموذجا

الملخص EN

The Algerian founder, the Constitution, was established by Law 16-16 of March 6, 2016, which contains the constitutional amendment, “The Principle of Two-Level Litigation” in Criminal Matters, according to Article 160 of it stipulating that “The law guarantees litigation in two degrees in criminal matters and defines the methods of their application.

”As an embodiment of this, Organic Law No.

17-06 of March 27, 2017 related to the judicial organization, which was stipulated in Article 18 thereof, stated that “Every Judicial Council has a primary criminal court and an appellate criminal court”, and a guarantee of the principle of a fair trial and a response from the legislator to constitutional dictates In particular, litigation in two degrees, the Algerian legislator amended the Criminal Procedures Law according to Law 17-07 of March 27, 2017, in which it outlined several procedures and provisions governing the functioning and work of both the First Instance Court and the Appeal Criminal Court "and thus, in every judicial council, there are two sides Two criminal penalties specializing in the adjudication of criminal files, as well as misdemeanors and related violations, are represented in the First Instance Court and the Appeal Criminal Court, which are held at the headquarters of the Judicial Council as a general rule, but it may be held outside the jurisdiction of a decision by the Minister of Justice, and its jurisdiction may be extended to any other council according to a special text This makes the amendment consistent with the principles of a fair trial