الدفع بعدم الدستورية في المواد الجزائية

Abstract EN

e: Plea of unconstitutionality is one of the new defences) objections( in Algeria, According to the constitutional reform of 2016, Which grantes to ordinary people the right to prosecute the non -conformity of the legislation applied in their legal proceedings, In civil, Administrative and penal articles of the constitutional provisions before the constitutional council, Forming a post - legislative censor, After that this role was pre viously monopolized by the sovereign official authorities.

Establishing this mechanism within the reach of the parties of the penal actions is considered as an important garentee added to those provided in the criminal code and the code of penal procedure especially after organization of this objection )defence(, And delimitation of its conditions and formalities, By virtue of the organic law of september 2ⁿᵈ 2018, Nb 18 - 16, relalive to the conditions and modalities of the application of the plea of unconstitutionality, this law has also provided the consequences) effects( of this objection on the penal judicial proceeding to its parties and others.