تأرجح السلطة التقديرية للقاضي الجزائي بين التشديد الوجوبي و الجوازي للعقوبة

Abstract EN

It is well established that the criminal judge possesses the power which enables him to assess the appropriate penalty and achieve criminal justice based on the concept of proportionality that ranges between the crime and the penalty.

It goes without a doubt that the exercise of this power is legally controlled with regards to determining the penalty and security measures within the stipulated limits or by reducing or aggravating the penalty.

The latter constitutes that the criminal judge has discretionary authority when the penalty is tightened or not.

Even if it is found, it fluctuates in aggravating circumstances.

On this basis, the present study was conducted to shed light on this fluctuation and scrutinize the foundations' Legal strictures contained in the Algerian Penal Code.