ضوابط تسبيب أحكام الإدانة الجزائية وفق المستحدث من التشريع الجزائري

الملخص EN

This study aims to show the importance of causation of penal judgments as one of the most important topics in criminal law in general and procedural law in particular.

It is also a constitutional obligation and a basis for criminal justice, that is, by consolidating the conviction of the criminal judge and putting his discretionary authority on the right track.

to spare him from subjectivity and legal deviation, and to keep the opponents away from any doubt about the fairness of the judgments issued by him.

This is because the mention of the reasons by the criminal judge in a sufficient and logical manner gives the judgment the legal force that makes it far from reversing and invalidating it.

Especially since the Algerian legislator extended the causation mechanism even in criminal articles under Law 17/07, which stressed the need to justify the judgments issued by the Criminal Court, whether of the first instance or the appellate, in order to embody the litigant's right to a fair trial and to establish judicial security as a guarantee for the judge on the one hand and an embodiment of oversight over his judgments on the one hand.