قراءة في دستورية المادة 419 من قانون الإجراءات الجزائية على ضوء قرار المجلس الدستوري رقم 02-ق م د-د ع د بتاريخ 23-12-2020

Abstract EN

In view of what constitutes the criminal case in all its stages, starting from the follow-up to the execution of the judgment, in terms of restricting the rights and freedoms of the individual, the legislative authority, as the guarantor of these rights and freedoms in accordance with article 139 of the constitution, when drafting penal texts, must ensure that these rights and freedoms are not violated or restricted.

except in accordance with what is necessary and in that it is subject to constitutional oversight.

this has made the constitution the basis of legality and equality, and the penal legislator has enshrined accordingly under article 1 of the code of criminal procedures amended by law 17 / 07 of 27 / 03 / 2017 the principle of equality between the parties and considered it the basis for this law, as it affirmed that this law is based on the principles of legality, fair trial and respect for human dignity and rights.

the extent of the constitutionality of article 419 of the code of criminal procedure through resolution no.

02 of December 23, 2020.