حجية الحكم الجنائي على الدعوى المدنية : دراسة في ظل التشريع الجزائري

الملخص EN

The criminal jurisdiction to adjudicate civil action is an exception to the general rules pertaining to jurisdiction.

This exceptional jurisdiction is subject to certain conditions, so that if conditions are not met, the jurisdiction would be precluded and the plaintiff may only file his case before the competent civil court.

Therefore, the aggrieved person has two options: either to initiate a civil action to claim for compensation before the criminal court where the case was brought by the public prosecutor.

Or bring, on his own behalf, an action before the competent civil court.

To provide evidence of criminal offense and attribute it to the respondent, and prove that the damage caused is a direct consequence of the criminal offense.

In this regard the Algerian legislation proceeded, as it adopted the separation between the criminal judicial bodies and the civil judicial bodies with regard to jurisdiction as a general rule and then, partly departed from this rule in case the criminal judiciary is competent to adjudicate the civil action whose purpose is compensation for damage arising as a result of the crime.

The criminal judgment shall have an impact on the civil action brought before the civil or the criminal court, with regards to facts ruled by the criminal judge and attributed to its author, and shall not have the force of law if it is based on the fact that an act is not punishable by law or in a state of diminished responsibility or that there are impediments to punishment.