تكريس مفترضات حق الدفاع للمشتبه فيه ضمانا للمحاكمة العادلة: دراسة مقارنة بين التشريع الجزائري والتونسي

Abstract EN

The defendant’s interest in proving his innocence presupposes that he should be given a number of safeguards that must be established since he has acquired the status of a suspect.

perhaps the most important guarantee is the right of defense by the assistance of a lawyer who serves as the watchdog for the preliminary search proceedings carried out by the judicial police authorities in confronting his.

legitimate rights, both at the preliminary and trial stages, in order to achieve a fair trial, this will not be the case at the preliminary stage, since Tunisia’s legal system has undergone a significant development in terms of modifying the penal process, amending the rules of procedure and establishing a new concept of the right of defense by enshrining it during the preliminary examination phase, unlike Algerian legislation, which lacks the guarantees guaranteeing the rights of the suspect during the evidence gathering phase in keeping with developments in the concept of human rights.