الشرعية كضمانة للمحاكمة العادلة

Abstract EN

Crime, is that physical incident which expresses a problem at the level of social security and caused by a criminal , This society has the right to punish him as a result of his Crime.

For the fullest role , this social right is not an absolute right, that is why many rules and principles must be taken into consideration like legitimacy and the fair trial to remain the defense of society as a noble principle and not hurt anyone even if he is accused.

Legitimacy is very important principle that is why all constitutions types- such as the Algerian Constitution - speaks about it explicitly and affirmed by the substantive and formative penal laws and confirmed by the substantive and formative penal laws to be applied in a good way through the a set of rules guaranteeing the fair trial.