الأثر الناقل لاستئناف حكم محكمة الجنايات

Abstract EN

The Algerian legislator has introduced substantial amendments to the provisions governing the Court of Assizes, following the constitutional amendment which enshrined the principal of a double degree of jurisdiction in the penal law.

This has, therefore, resulted in the creation of a criminal court of first instance.

This latter pronounces judgments which are subject to appeal in cassation and have devolutive effect to be decided on by a second instance court of criminal appeal, according to the circular appeal, and unlike the appeal of misdemeanors and contraventions judgments, based on appellate jurisdiction.

This entitles the appellate jurisdiction to address the appealed sentence, contrary to the circular appeal which lies on the devolutive effect of the appealed sentence that raises procedural problems in terms of judicial application.