إثارة الدفع بعدم الدستورية أمام الجهات القضائية الجزائية في الجزائر

Abstract EN

This article discusses claiming the unconstitutionality of a law before criminal judicial authorities as its importance is reflected in the importance of this mechanism when used by the defendant or their lawyer so that they can protect their rights and freedoms guaranteed by the Constitution.

Our discussion of this subject is to clarify the timing of claiming the unconstitutionality of a law during the stages of the case, and the discussion of the justifications of the exception of the Court of First Instance from the criminal judicial bodies which may be presented by the claim of unconstitutionality.

This study concludes that the claim of unconstitutionality can be raised during the criminal investigation before the indictment chamber, and it can also be raised in front of the rest of the judicial authorities with the exception of criminal offenses Court of First Instance, given the specificity of the procedure before it.