مبدأ عدم رجعية النص الجنائي واستثناءاته في الفقه الإسلامي والتشريع الجزائري

Abstract EN

This research studies one of the basic principles of criminal legislation; it is the principle of non-reactionary.

the research aims to consolidate the principle studied from in Islamic Sharia and Algerian law, by defining the content of the principle and determine the basis for its activation, and to clarify its relationship with other principles of criminal legislation.

it also aims to identify the exceptions in which invalidate the effect of this principle, and the criminal text applied retroactively.

among the most important results of the research is that the principle of non-reactionary is an inevitable result and effect of the principle of legality, which is the basis for criminalization and punishment.

Its content is that the new criminal law does not apply retroactively to the events that occurred before it.

however, criminal text has retroactive effect in exceptional cases.

the most important ones: when the legislator stipulates for the retroactive application of this new law, or when the new criminal text in the interest of the offender.