دفاتر السياسة والقانون
Volume 12, Numéro 1, Pages 388-398

نظام القضاء الشعبي في تشكيلة محكمة الجنايات ضمان لتحقيق العدالة الإجتماعية في مرفق القضاء (العدالــة )

الكاتب : عبد الحميد عائشة .

الملخص

Abstract : The independence of the judicial institution or the justice facility is an independent legal and constitutional institution. This independence guarantees the amended Constitution of 1996 in 2016. The judiciary is subject only to the law, in order to guarantee the principle of the judge's life and integrity and to achieve the principle of legality, especially in the area of guaranteeing the rights of individuals accused of committing crimes , To ensure a fair trial, especially if we are facing the most serious crimes, when it comes to crimes, and because of this importance within the Algerian legislature to achieve justice by ensuring that the composition of the criminal court includes judges (jurors) and excluding the crimes of terrorism, drugs and smuggling T consists composition of the Court in these types of only judges. The study aims to show the role of the popular judiciary, or jury judges in the composition of the criminal court, as this system does not exist in any Arab country, in the Mashreq or in Morocco, adopts the system of popular participation in the criminal court. As well as the analytical approach through data analysis. One of the findings of this research, as the formation of the Criminal Court is a public order, and must be in accordance with the rules provided by the Algerian legislator, this composition may be composed of professional judges and jurors, and in special cases, the Court Felonies consist only of professional judges, if we are in front of felonies related to terrorism, drugs and smuggling.

الكلمات المفتاحية

Popular Justice , Social Justice , Judiciary , Law , criminal Court