الغش الانتخابي : بين القضاء الدستوري و القضاء الجنائي

Abstract EN

The consideration of electoral appeals by the constitutional court, will it be independent and parallel to penal follow-up, or is that not possible? And, is there a way for the criminal justice system to be effective of electoral fraud? The constitutional court does not have the same view of the criminal judiciary for the same act.

The first views it as a breach and a transgression, while the second considers it as a fraud.

Therefore, their jurisdiction has to be determined.

When the court dismisses the violations and abuses that distort the national electoral, it is basing on the effect of electoral fraud, and then announces the final results of all these processes, amendment, or cancellation of the voting results.

while the penal judiciary considers the electoral fraud as a crime that deserves to be punished.

Without any relation on procedures between the penal and the constitutional judiciary