تحقيق العدالة الجنائية وفق مبدأ الشرعية الجزائية

Abstract EN

Criminal justice cannot be achieved through criminal law alone, but it must be accompanied by criminal justice because of its complementarity to protect freedoms and rights.

if the principle of criminal justice requires that there be no punishment, no crime, and no security measures except by a legal provision, this is in itself a violation of his freedom.

here, the Algerian legislator intervenes in accordance with the principle of procedural legality to balance the protection of the public interest of the community on the one hand and the protection of the other.

freedom and h rights of individuals on the other hand, so that the law is the only source of all the procedures and the original is the innocence of the accused and has the right to a fair trial.

it can be said that the procedural legitimacy is that the original in the accused patent and no action may be taken against him only in accordance with the law with the guarantee of personal freedom under the supervision of the judiciary.