مبدأ الفصل بين وظائف القضاء الجزائي كضمانة لحياد القاضي : دراسة على ضوء التشريع و الاجتهاد القضائي الجزائري

Abstract EN

As a reflection of the principle of the criminal judge impartiality, one of the most important guarantees complementary to the independence of the judiciary, as a protectionof fundamental rights and freedoms, it was necessary to separate the functions of the criminal justice (accusation, investigation, and sentence).

It is due to the contradiction between these functions that prevents ensuring the appeal to conscience and law.

The idea of conflict leads us to an inevitable result; the separation between them.

And even if the way in which it is embodied has various manifestations andleads to a variety of judgments, the goal is obvious; to be separated in a way to ensure the impartiality of the criminal judge, The Algerian legislator embodied the principle through the details in the criminal procedures with regard to some points but omitted some others, making it fragile and easily overwhelmed by the scientific applications, which reflected negatively on the impartiality of the criminal judge.