أثر تعدد الجرائم في تقدير العقوبة بين الفقه الإسلامي و القانون الجزائري

Abstract EN

The multiple crimes raises the problem of the punishement that must be imposed on the perpetrator of multiple crimes, wether it is one or several punishements as far as the number of crimes.

The legislative logy sort that every penalty has its punishement, so that each crime is punishable, if it was one crime it doesn't expectonly one punishement, but if numerous crimes, the sanctions are numerous accordingly; but this solution may not be applied in fact, because it may lead to a depreciation of the perpetrator, ot it takes all his life harrowed freedom, this may lead to hardship that may increase the interest of the signing of the punishement itself.

If the interest required not to sign sanctions of combined crimes in some hypotheses, it remains to wonder about the nature of punishement to be selected from among the multiple sanctions and its sufficiency, and here tbere is no doubt that they should be prescribed for the most of these crimes, so that exclusive one punishement inspite of the multiplicity of the accused crimes relieve him, and mitigation does not make sense to go below this limit, this is what the decision of the islamic jurisprudence which is also taken by the algerian legislature, with some variation arround the scope of this solution and the method of its realisation.