دور التقاضي على درجتين في تنفيذ السياسة العقابية في التشريع الجزائري

Abstract EN

The double-hearing principle is one of the main basics for the protection of innocence preemption, in this perspective the Algerian legislator extends the scope of application in conformity with the international treaties ratified by Algeria, whereas this principle is stated by the constitutional amendment of 2016 then by the organic law no 17 / 06 on the judicial organization and by the modification of the criminal procedures law in 2017, finally under the law no 18 / 04 on the military justice.

the double-hearing principle has a solid relationship with the implementation of such penal policy under every judicial system, so that the high jurisdiction can decide the appropriate penalty to the accused person ; and therefore it is possible to choose the adequate measure for the sentenced person in the framework of state penal policy ; however this principle shall not be limited in the parties requests before the lower judiciary.