اختصاص غرفة الاتهام وجهات الحكم في تقرير بطلان إجراءات التحقيق

Abstract EN

This research aims to study and analyze the legal basis of Indictment Division and Trial Court Jurisdiction in declaring the nullity of the procedure of investigation, which approached by the Algerian legislator in the tenth section, first chapter, third title of the Code of Penal Procedure, entitled “nullity of the procedure of investigation” in the articles from 157 to 161; and has conferred the authority to rule on this nullity to specified jurisdictions which consist first in: the Indictment Division which is considered as a second investigation authority pursuant to the provisions of article 191 of the Code of Penal Procedure which confers the right to examine the procedure it deals with and to declare its nullity in case it is tinged with defect and, if need be, the nullity of the subsequent procedure, whether in whole or in part.

Second: the trial courts pursuant to the provisions of article 161 of the Code of Penal Procedure, which confers to all the trial courts, except for the criminal courts, the quality to declare the nullity in one side, and to allow the parties involved to introduce the nullity aspects to the jurisdiction that shall rule on the case before any defence, in the other side.