تسوية إشكالات تنازع الاختصاص في المادة الجزائية : دراسة تحليلية على ضوء نصوص القانون و الاجتهادات القضائية

الملخص EN

The conflict arises in jurisdiction between judicial sides or bodies, at it has arisen from two sides, between an investigating judge and a judge, judge and it may also arise between judicial authorities one of them ordinary and the other is specialized as a result of the issuance of judgment that must be final regarding to the same incident through where it is decided either all of them have got competence to investigate, so that the conflict in her may be positive, or if all of them decide that they are not competent, so that this conflict is negative.

Whether the settlement is not carried out only according to some specific procedures and judicial arrangement where the competence in settling it is the higher judicial authority with is shored between the competing judicial authorities.

The accusation chamber of the judicial council is concerned with settling the conflict between the conflicting judicial authorities till they all follow the same judicial council to let know in case of a dispute between investigating judges puts an end of the conflict, however if the conflict is between judicial authorities belonged to different judicial councils, or between ordinary authorities and specialized ones, or between judicial bodies varying degrees in the judicial scale, the jurisdiction to settle is held for the criminal room in the supreme court as it is the high body between the conflicting judicial authorities by a decision that has an effect which stops every sort of procedures and doesn't accept any kind of appeals.