رقابة المحكمة العليا على التكييف القانوني للوقائع الإجرامية

Abstract EN

There is no doubt that the issuance of a criminal judgement that meets the requirements of reason and common sense is consistent with sound judicial procedures, ending with the application of the facts law, the most important of these judicial proceedings, is the comparison between the facts in its possession with the rule of law set out, on this the Algerian legislator held the obligation of the criminal judge to correctly qualify the facts, in giving him the power to requalify the facts, this is due to the legal consequences of the qualification, the most important of which is the extraction of the applicable legal rule.

And in case of error in the qualification of the facts, this inevitably leads to the false application of the law, it is one of the appeals in cassation, provided for in article 500 of the code of penal procedure, which is subject to the control of the supreme court.