حجية الشيء المقضي به و حق المحكوم عليه في طلب إعادة النظر

Abstract EN

In a panel case, the final verdict has in hand strong provided evidence according to which it has been sentenced.

Such a verdict represents the facts of the case in hand.

However, it does not reflect the actual facts.

This results in causing serious damage to the sentenced person who could later prove to be innocent after having pronounced the final verdict condemning them.

In such circumstances, justice could only be done by repairing the damage caused to the sentenced person.

This involves requesting a certiorari as a recourse procedure that is supposed to reveal the actual facts of the case, and repair the damage caused to the sentenced person; who proves to be innocent according to what has been set up in the rules laid down in the Algerian code of criminal procedures (Article 531 Rule N° 01- 08 of June 26th 2001) .