مبدأ الملاءمة و دوره في ترشيد المتابعة الجزائية

Abstract EN

Once the file of the proceedings has been transmitted to the public prosecutor's office; a new stage of the public action begins; and several legal effects appear for the person who is accused; as the main actor or accomplice, after having defined the legal positions of the criminal action parties; and the public prosecution decides whether to pursue the case or not, as part of the rationalisation of the criminal prosecution; thereafter the case is closed, if it considers that necessary, and the case is ended without prosecution by order of saving the case; or it cans follow the correctionnalizing procedure of the cases for several considerations, through the judicial correctionalization policy.

The order of saving the case is considered as legal procedure provided by the law; while the judicial correctionalization is an illegal procedure.