مكانة مبدأ المواجهة في تحقيق مقتضيات المحاكمة النزيهة و دور القاضي في تطبيقه

Abstract EN

The principle of confrontation represents one of the forms of the general principle, which is respect for the rights of defense, and the principles required by it, such as the right of the opponent to seek the assistance of a lawyer, the right to be fully informed of the elements of litigation, the judge’s obligation to cause his judgment, and the right to appeal.

There is no right to defense without respect for the principle of confrontation.

However, respect for the latter does not guarantee respect for the former except in one of its aspects, and fully respect for the right of defense is required to respect all other aspects.

To study this topic, we raise the following problem: What is the status of the principle of confrontation in achieving the fairness and fairness of the trial? How does the judge contribute to the embodiment and implementation of this principle?.