أحكام إعمال الظروف القضائية المخففة في التشريع الجزائري

Abstract EN

It is recognized that the legislative authority with authentic jurisdiction in criminalizing actions and determining the penalties prescribed to it as a public rule in particular in the field of criminal and misdemeanors, which led to the restriction of the judge's authority in this field, and this is what is known in the jurisprudence of criminal law as the principle of objective legitimacy that : 'no a crime and no penalty or a security measure without law', and since the penalties are predetermined by the street, the latter has set a minimum limit, as the criminal judge was granted a broad authority in estimating the punishment according to the conditions of crime and the circumstances of the perpetrator, as we find these circumstances may tighten the punishment sometimes, we also find in the Algerian penal code several texts organized in particular the places and cases in which the convict may benefit from the conditions of mitigation if the judge decides to grant him it, where he can descend from the minimum legally prescribed for that crime