الشروط الشكلية للتعويض عن الحبس المؤقت غير المبرر

Abstract EN

The subject of this research deals with the issues concerning the formal conditions of compensation action due to unjustified pre-trial detention.

Indeed, this action is the responsibility of a compensation commission set up before the supreme court, as a civil court, provided for by article 137 bis 01 of law N °: 01-08 of June 26, 2001, amending and completing the code of criminal procedures, which enshrines a constitutional principle established since the constitution of 1976, and which was renewed in the new article 61 of the 2016 constitutional revision.

The law cited above provided for the conditions of compensation and the terms relating thereto.

Then it appeared the executive decree N °: 10-117 of April 21, 2010 fixing the modalities of payment of the compensations pronounced by the commission of compensation instituted before the supreme court, because of the unjustified pre-trial detention whose judgments will be explained and commented on, whether granted or rejected.