استئناف أحكام محكمة الجنايات في ضوء القانون رقم 17-07 بين المبدأ الدستوري والقاعدة الإجرائية

Abstract EN

On the occasion of the 2016 constitutional amendment, the Algerian legislator adopted the principle of two-degree litigation in penal matters, and accordingly; For the first time, it has been decided to appeal criminal judgments, according to Law No.

17/07 of March 27, 2017; Amending and supplementing Ordinance No.

66/155 of June 8, 1966, which includes the Code of Criminal Procedure, and which stipulates in Article 2/7 that every sentenced person has the right to have his judgment examined by a higher judicial authority.

Accordingly, appeal is one of the basic rights stipulated in many international conventions in order to achieve a fair trial, as it is an important procedural means in order to maintain the rule of law, aiming to review a decision taken by a judicial authority.

In Algeria, since the promulgation of the March 27, 2017 law, the criminal appeals court can accept appeals against the judgments issued by the criminal court sitting in the first instance, in accordance with the detailed legal provisions.