التقاضي على درجتين في الجنايات-في المسائل الجنائية

Abstract EN

Many contemporary legal systems have taken the principle of litigation on two levels in all the disputes before them, both civil and criminal.

This is the principle that allows the presentation of the dispute in which the first instance courts are adjudicated before the second instance courts to re-adjudicate.

However, on the other hand, in view of the State's right to punishment in penal matters, many penal legal systems have adopted this principle and considered it a constitutional right to be enshrined in the protection of accused rights, Including the Algerian legislation.

The principle of litigation is twofold of the important principles of the Algerian judicial system.

The challenge of appeal is the practical translation of this principle, which allows opponents to submit their disputes again to a higher court to review them in terms of fact and law regardless of the judgment of the Court of First Instance.

The study aims at shedding light on this constitutional principle and how it is enshrined in the Algerian judicial system through exposure to the court of fairies (primary and appellate) in terms of its procedures and how to prosecute before it.