دور النيابة العامة في قضايا الأسرة في التشريع الجزائري

الملخص EN

Giving the Public Prosecutor a legal status as an original party in all cases aimed at applying the provisions of article 3 bis of Law 84/11, amended by Order 05/02, which includes the Family Code, is an exception to the general rule that the Public Prosecution shall not intervene in civil cases, Such as the elimination of personal status, except under explicit provision.

It also means that all judicial proceedings in violation of this essential procedure are null and void, which leads to the prosecution having all the rights enjoyed by one of the parties to the dispute, access to the documents of the case and the notification of the opposing party, the adoption of all possible evidence in family cases, , And others.

In addition, it is not possible to enforce the rules for the response of prosecutors as an adversary, while not paying them for judicial expenses if their applications are rejected.

Finally, they have the right to challenge all the ordinary and extraordinary appeals in the judgments issued in these cases, except to challenge the opposition because they are present or represented in them Sessions.