الشرعية كضمانة دستورية في ظل قانون الإجراءات الجزائية و النتائج المترتبة عنها : دراسة على ضوء التعديل الدستوري 2020 و قانون الإجراءات الجزائية الجزائري

Abstract EN

The procedural legitimacy constitutes the second part of the criminal legitimacy, which includes the legitimacy of criminalization and punishment in respect of the requirements of justice that require respect for procedural legality since it is based on constitutional legitimacy.

From this standpoint, procedural legitimacy is considered one of the most important reasons contributing to achieving the legal procedures guaranteeing protection of the freedom and rights of the accused.

Whereas, the Constitutional Council is considered according to Law 01-16 that includes the constitutional amendment 01-16 as a tool for monitoring the rules of criminal procedures, but with the issuance of the last amendment that includes the constitutional amendment for the year 2020, this task has become entrusted to the Constitutional Court.

Whereas, in the exercise of its oversight role, the Constitutional Court on the extent of the legitimacy of criminal procedures has repercussions on the constitutionality of criminal procedures and implications for the legitimacy of criminal procedures.