حدود سلطة القاضي الجزائي النظر في الدعوي المدنية في التشريع الجزائري و المقارن

Abstract EN

Initially, the criminal judge is competent to hear the public proceedings, and the civil judge is in charge of the civil action, but the criminal judge is competent to hear the civil action when the damage is directly caused by a crime.

Exceptionally, the criminal judge shall not hear the civil action, when it comes to lack of jurisdiction under a legal provision, and this is a restriction on the criminal judge to consider the civil action even if the damage is directly related to the crime, this is when the jurisdiction be convened to hear the civil action for other Courts, such as the administrative judiciary, or there is a provision in the law that establishes a restriction for the consideration of a civil action.

It may limit the power of the criminal judge to hear the civil action, a decisive judgment in the public proceedings, and then the judge shall not hear the civil action.