القاضي الجزائي بين مخالفة النص الجزائي لالتفاقية الدولية و بين مخالفته للدستور

الملخص EN

The criminal judge is obligated to respect the principle of gradation of laws, but theymay conflict with each other, so he removes this conflict by sacrificing the lower-ranking law infavor of the higher one.

The processing was carried out in accordance with Organic Law No.

16-18 of September 2, 2016, and from this point of view we answer the following problem: If the criminal judge has thepower to automatically apply international treaties in case of violation of the legislative textthereof, is it considered the duty of the judge to apply for the legal text, in violation of theprinciple of the supremacy of the constitution?