الأثر الرجعي للتشريع الجنائي بين الفقه الإسلامي والقانون الجزائري

Abstract EN

This research studies cases in which the criminal text applied retroactively.

the research aims to define the principle of non-retroactivity of the criminal text as a statement and rooting, and to specify the exceptions to this principle in detail and justification.

it also aims to show the impact of the principle of non-reactionary and its exceptions to criminal judgments, with an implicit comparison between the sharia and legal activation of this principle.

among the most important results of the research is that criminal legislation does not have retroactive effect except in two cases.

the first: in the serious crimes against security or public order, which is permissible, the legislator activate it if the public interest so requires, the second: when the new criminal text is in the interest of the offender, it is obligatory, the legislator does not prevent it unless it required by a public interest.