أثر مبدأ المشروعية في حجية الدليل الجزائي في القانون الجزائري

Abstract EN

The concept of penal legality is not limited to compatibility with the text, but rather extended to compatibility with legal rules recognized by members of different groups regardless of their origins.

The procedure of collecting evidence often involves violation of the freedom of individuals; therefore the maintenance of procedures according to the principle of legitimacy is the only way to protect freedoms.

For this reason, this principle has evolved into a human right, and its protection is incorporated in constitutional and penal legislation.

It is also considered a restriction on the freedom of the judge during his evaluation of the evidence and an important means to reconcile between the interests of the adversaries.

No fair solution to this conflict may be achieved unless the judiciary handles the issue and enables oversight of the legality of the proceedings in order to ensure an equitable handling of the interests of the adversaries.

The surveillance functions of the criminal judge require the task of signing the penalty of nullification of all illegal measures, which entails stripping the procedure of its legal value, impeding its role in criminal proceedings, and, consequently, ignoring all the effects that could possibly result from it.