خصخصة الدعوى العمومية في الفقه الإسلامي و التشريع الجزائي الجزائري

Abstract EN

Communities suffer from two phenomena.

The first is the increase in the number of crimes; the second is the phenomenon of preservation without investigation, or rather the administrative preservation of the incident.

This led some to say correctly that the annexed penal justice, which is fair to others, is in need of those who do justice to it.

Criminal justice.

Despite the efforts and strenuous efforts of governments to reduce the burden on judges by increasing their numbers, this increase is not commensurate with the increase in the multiplication of cases brought before the courts each year.

There is no doubt that the issues are constantly increasing and postponing their consideration to multiple sessions which have become the predominant feature of the judicial system, thus becoming unable to play its role in achieving criminal justice.

The reasons for this are: the phenomenon of legislative inflation, the penalty crisis, the phenomenon of short- The failure of the prison in its reformist role, the high cost of crime, the policy of dumping in procedural formalities, and the ineffectiveness of the criminal justice system.

The crisis had its serious consequences on the stage of criminal justice.

The slow pace of criminal proceedings, the preservation of files and the violation of the principle of equality.

The ability of the judiciary to confront crime and the fear of condemning innocent people.

Faced with these serious indicators, the penal policy has to reconsider its strategy in the fight against criminality.

Indeed, since the middle of the last century, penal policy has been looking for ways to achieve maximum effectiveness in the fight against criminality.

And the other procedural: the possible means to facilitate criminal proceedings or alternatives to criminal action to face the crisis of criminal justice, was one of the most important mechanisms to address the crisis of criminal justice is what is known as the privatization of the criminal case or the right of the state to punishment.

Whose purpose is to involve the non-state and the public prosecution in the public prosecution in general.

This is what we will try to clarify in this paper.