Browsing by Author "عبد الباقي محمد"

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نظام التقاضي أمام محكمة الجنايات وفق القانون الجزائري النهائي
(University Center of Tindouf, 2024-06-10) عبد الباقي محمد; زناقي مختار; زناقي مختار عبد الباقي محمد
The Criminal Court in Algeria: * A popular court: Established by the Algerian legislator in the Code of Criminal Procedure, which outlines its jurisdiction, legal procedures, and composition, as will be explained later. Deals with the most serious crimes: Felonies, for which the legislator has prescribed the most severe penalties. Due to their impact on society and individual rights, the legislator has designated a specialized court to handle them exclusively. Previously, judgments were final: Subject to appeal only before the Supreme Court, depriving the accused of the opportunity to have their case reviewed by an appellate court, which was unfair to defendants in such cases. Additional measures: Previously existed against defendants released on bail or not detained who were charged with felonies that affected society. However, the presumption of innocence dictates that the accused is innocent until proven guilty. These measures included the system of absentia and arrest warrants, as well as pretrial detention. In the context of justice reform: The two-tier trial system was adopted in criminal justice. The Algerian Constitution enshrined this principle, necessitating its adoption by the Algerian legislator. Consequently, the two-tier trial principle was established in the Criminal Court with the creation of an appellate criminal court to review first instance court judgments in accordance with Law 17-07. This coincided with: Strengthening the popular character of the court's composition at its first instance level, with the exception of felonies excluded from the jury system, such as terrorism, smuggling, and drug trafficking. This amendment also abolished the system of absentia proceedings and arrest by warrant