أسس بناء الأحكام الجنائية في القضاء الإسلامي و التشريع الجزائري

الملخص EN

This research studies the basic principles adopted by the judiciary in Sharia and Algerian legislation in establishing criminal judgments.

the research aims to indicate the sensitivity of criminal judgments and the need to achieve certainty in them, and to clarify and activate the relationship between legislative articles and jurisprudence.

it also aims to identify the legislative and procedural principles that the judiciary adopts in issuing judgments, and to indicate the extent to which the judicial commitment to these principles affects the authority and credibility of judgments.

among the most important results of the research is that the judicial ruling is the decision that the judge reaches and is satisfied with after investigation and discussion of evidence, taking into consideration the relevant legislative articles of the case.

this indicates the strength of the relationship between legislation and the judiciary and the importance of activating it.

in issuing judgments, the judge must rely on a several principles and legislative and procedural foundations that contribute to achieving the purposes of judgments and their primary goal in deterring perpetrators, establishing justice and controlling society.

among the most important legislative foundations in issuing criminal judgments is the principle of legality and the principle of innocence.

among the most important procedural foundations in this is the principle of the judge's conviction and the principle of facing.