تعليق على قرار المجلس الدستوري رقم 01 19 القاضي بعدم دستورية أحكام المادة 416 من قانون الإجراءات الجزائية

Abstract EN

The following study is a commentary on the Constitutional Council's first decision following the activation of the unconstitutionality defense mechanism, which included a contradiction to Article 416 of the Code of Criminal Procedure that violated the principle of two-degree litigation.

The Council decided that the legislative provisions contained in the article that limit the scope of appeal of some penal judgments are unconstitutional.

In that, it exceeded the limits of the legislative provision in question, to other legislative provisions.

Nevertheles, the implementation of this decision creates many problems that call into question the effectiveness of the provisions for the unconstitutionality of the penal code.