بطلان إجراءات التحقيق و المحاكمة في التشريع الجنائي الجزائري

Abstract EN

Through this article, we aim to define the concept of nullity and define its forms, as well as its impact on the course of the public lawsuit through all its stages, starting with the gathering stage of evidence, to the investigation stage, which is the most important, .

We concluded that this issue, as a legal means to monitor the legality of the procedures, is closely related to the issue of human rights stipulated in most international constitutions, as well as international agreements and treaties.

And that, in this context, there are procedures that the court cannot ignore or bypass, and even if it did, all subsequent procedures are considered null because each of the parties to the public lawsuit has a right that differs according to its position from the other party, and that it is necessary to add a special training for judges regarding the practice of procedures related to restriction The freedoms of individuals during the collecting of evidence and investigation stages, and the need to alert them to the dangers of this procedure.