العوائق القانونية التي تواجه قاضي الجزائي في ضبط النشاط الملوث للمؤسسة

الملخص EN

The purpose of this study is to demonstrate the legal capacity of the penal judge to decide on the case file on environmental crime in view of the specific procedural and objective nature of environmental crimes, as the motive for their commission is economic, as opposed to other crimes.

The study also aims to illustrate the nature of the punitive policy adopted by the Algerian legislature in combating environmental crimes, which require that the preventive aspect prevail over sanctions in order to consolidate the principle of environmental protection in the context of sustainable development.

This study concluded that, although the Algerian legislature is in keeping with the corresponding legislation on the adoption of a legal framework suitable for the privacy of environmental crimes in order to establish the principle of the protection of the environment in the context of sustainable development, this modern punitive policy has become ineffective in controlling the polluting activity of the industrial enterprise because of the procedural and substantive obstacles faced by the penal judge in view of the failure of the Algerian legislature to adopt substantive amendments that are compatible with the specificity of the fight against environmental crimes