نتائج مبدأ الشرعية الجنائية في مجال الممارسة القضائية : بين الفقه الإسلامي و قانون العقوبات الجزائري

Abstract EN

This research studies the effects of the principle of legitimacy on judicial practices, and aims to determine the results of this principle on judicial practices in Islamic jurisprudence and Algerian law.

It also aims to highlight the role of the judiciary in consolidating the principle of discipline with the provisions decided by the legislator, in practice and activation.

One of the most important results of the research is that the principle of legitimacy influenced the practices of the judiciary in relation to the act or behavior committed, in two aspects.

The first: refraining from criminalizing behavior not stipulated, and the second: the correct jurisprudence and legal qualification of the act or behavior.

The principle of legality also affected the practices of the judicial authority with regard to the penalty prescribed for the act, and that from two aspects.

The first: not to apply the text retroactively, and the second: to refrain from applying a penalty not stipulated