RECHERCHES
Volume 9, Numéro 2, Pages 129-151
2016-06-30
الأمـــر بــــألا وجــــــه للمتابعــــــة في ظـــل الأمــــر 15/02 المــــؤرخ فــي 23/07/2015، المعـــــدل والمتمـــــم لقانـــــــون الإجـــــــراءات الجزائيـــــــة
الكاتب : لبـــــوازده محمــــــد لميـــــــن .
الملخص
It is defined as a case dismissal The abandoning of the ongoing judiciary case by the judge or by the indictment chamber which comes up when all the gathered elements of the investigation do not justify the launching of the lawsuit . The termination of the investigation differs from the prosecution opportunity where the public prosecutor’s office decides to give up the indictment process before the lawsuit. Several reasons can lead to the declaration of the investigation termination: - When the alleged misconduct is controversial - When it is a matter of prescription - When the facts are not all assembled or defined or do not help to identify the author - Lack of criminal responsibility by the convict - When there is amnesty. The dismissal of the case is imposed by the instructing judge. It could also happen during the criminal process or at the file closure, under the demand of the public prosecutor. It can likewise be imposed at the time of the examination of the complaint along with the constitution of a civil party, by the judge when he deems that the alleged facts by the civil party, have not apparently been committed. The dismissal of the case is different from the acquittal . The latter and the release are ruled at the end of a process, respectively, by the court of law or by criminal jurisdiction. The prosecutor’s office can in case of discovery of new elements , reopen the file only when the case dismissal order is backed by law and fact, it is only then that we talk about the resumption of proceedings for new charges in such a way that it gives to the facts useful new elements to the establishment of truth or to confirm the full charges against the convict and which were too weak to lead to an indictment or to a charge. The possibility is given to the civil party to make appeal against the case dismissal. The dismissal case order has as result: the divestiture of the instructing judge , the release of the detained persons, the total show of hands of the legal supervision, the restitution of the ceased objects except if they are of threat to persons or properties
الكلمات المفتاحية
الأمـــر بــــألا وجــــــه للمتابعــــــة في ظـــل الأمــــر 15/02 المــــؤرخ فــي 23/07/2015، المعـــــدل والمتمـــــم لقانـــــــون الإجـــــــراءات الجزائيـــــــة
مقالات مماثلة
مرباح ليندة
.
ص 148-175.
زكرياء برياح
.
ص 507-540.
الطاهر براهيمي
.
سليمة بوزيد
.
ص 312-327.
