التجنيح القضائي... واقع يبحث عن شرعية

الملخص EN

some widespread judicial practices have prevailed in France then in Algeria, and that included limiting criminal descriptions of the incidents and ensuring that they are described as misdemeanors, in spite of their violation of the reality and the law.

That is called: "The policy of judicial misdemeanor" by following several techniques, and this is what distinguishes it from the procedure of legal realignment of incidents, which made it the subject of several critical interpretations by jurisprudence based on a balance between procedural necessity and respect for the principle of criminal legality, and that is what was studied in this research paper, through positing the problem in the issue of applying this policy or repeal it, in the light of jurisprudence theories and judicial practices