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Titre:	أثر بطلان إجراءات التحقيق والمحاكمة على حقوق المتهم دراسة مقارنة بين القانون الجزائري والفرنسي
Auteur(s):	أقموم, ثلجة
Mots-clés:	بطلان التفتيش، البطلان الجزائي، المشرع الجزائري
Date de publication:	23-jui-2022
Editeur:	Université IBN KHALDOUN
Description:	Penal invalidity is a procedural penalty arranged by the law for violating the rules and procedures that the law obliges the courts to observe so that it becomes without effect, and it is thus distinguished from other procedural penalties such as fall, lack of acceptance and absence in terms of the nature of each of them, their functional role and the resulting effect. Penal invalidity is achieved as a procedural penalty as a result of the investigation and trial procedures lacking their formal and objective components, and in order for that, the Algerian legislator has embraced the doctrines of legal invalidity and essential or subjective invalidity together in its arrangement of invalidity, while leaving the matter to jurisprudence and the judiciary in setting standards to determine the essential procedure. The penal invalidity has important implications, including those related to the invalid procedure itself as if it were not, including those related to the procedures subsequent to the invalid procedure, where they are also invalid if they are closely related to it, with the possibility of correcting the invalid procedure and returning it whenever possible and in application of that, the justice The penal procedure requires proving the invalidity of these procedural rules between the parties to the procedural bond through all stages of the criminal case, including the judicial investigation procedures, including those affecting the personal freedom and not affecting the personal freedom of the accused, The other is related to the collection of evidence, which is no less important than the previous one, and with regard to the procedures of the criminal trial, there are procedures related to the public order that result in invalidity, such as the failure to form the judicial authorities with a legal formation or the failure to observe the general principles of the criminal trial, or a fundamental defect affecting the penal judgment in its text or its reasons Or its preamble, or the failure to sign it by the judge who issued it, or it was relatively invalid because it is related to the interests of the litigants. This study was carried out due to the invalidity of the investigation and trial procedures in the light of the comparative law.
URI/URL:	http://dspace.univ-tiaret.dz:80/handle/123456789/14367
Collection(s) :	Doctorat

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