الجمع بين تخفيف وتشديد العقوبة في التشريع الجزائري

Abstract EN

Tightening the penalty in the event that the legal conditions that justify it are known and understood, as well as mitigating it.

as for combining the two, it is an idea that seems illogical at first glance.

the criminal judge either becomes strict and raises the penalty to the limit specified by the law, or he sympathizes with the accused and reduces it to the limit permitted by law as well.

that the penal code acknowledged the possibility of combining them in the event of the availability of a circumstance of recurrence that obliges the judge to raise the penalty with the availability of judicial circumstances mitigating the crime, the court sought the sympathy of the court, so how is the combination of stress and mitigation in estimating the penalty and what are its controls?