الرقابة على السلطة التقديرية لقضاة محكمة الجنايات في ظل القانون 17 07 المؤرخ في 27 مارس 2017 المعدل و المتمم لقانون الإجراءات الجزائية

الملخص EN

Recent legislations have been passed in order to grant judicial decisions guarantees in a bid to avoid mistakes which can affect gravely the guilty at the individual, family or professional level.

Still, the wrong judicial decisions have a negative impact on the society as a whole since they lead to the loss of people’s confidence of the judicial system and hence their sense of living in a just order will be undermined.

Certainly, these guarantees can be made concrete if a judicial description of the guilty individual’s crimes is made and hence severe punishments ensue together with the effects generated by the court judgement.

For this reason, the Algerian lawmaker amended the code of judicial procedures (17/07 dated on March 27th, 2017) by adopting a system of suing at two levels in the Penal Court.

This amendment, too, obliges the penal court judges to provide reasons for their judicial decisions and therefore this amendment will strengthen the system of controlling the power given to judges, minimise the possibility of making mistakes and put an end to the problem of power abuse.