حالات التلبس بالجريمة في التشريع الوطني و المقارن : دراسة تحليلية

الملخص EN

This research aims to study cases of flagrante delicto, whether in Moroccan national legislation or comparative legislation, especially in Algerian law, and in this regard, we initially tried, through our study of the topic, to identify the concept of cases of flagrante delicto stipulated in Article 56 of the Moroccan Code of Criminal Procedure and Article 41 of The Algerian Criminal Procedure Code in the first paragraph and then in the second paragraph we dealt with the conditions of cases of flagrante delicto, whether nationally or in the Algerian comparative legislation, and then in the end we presented conclusions and recommendations, perhaps the most prominent of which is respect for the presumption of innocence, which is considered a constitutional principle and a fundamental guarantee stipulated in international charters and covenants.