دفاتر السياسة والقانون
Volume 10, Numéro 19, Pages 355-370

مسؤولية رئيس الجمهورية الجنائية في النظام الدستوري الجزائري والنظام الدستوري التونسي

الكاتب : لاطرش اسماعيل . قوي بوحنية .

الملخص

The Algerian Constitution established the reasons for the criminal responsibility of the President of the Republic for acts described as high treason in the 1996 Constitution, and in turn The Tunisian Constitution of 2014 was adopted by the serious violation of the Constitution as a ground of the same responsibility. However, the establishment of this responsibility was not sufficient for its practical application, because of the ambiguity and legislative vacuum that characterized its establishment, especially in terms of defining the concept and content of the acts to be carried out. and defining mechanisms, which would create a kind of imbalance between state institutions that could threaten their political stability. This research was conducted to try to determine both the concept and content of the grounds leading to the criminal responsibility of the President of the Republic, and its procedures for their implementation in preparation for its practical application in Algeria and Tunisia .

الكلمات المفتاحية

the criminal responsibility, the President of the Republic ,the Algerian constitutional system ,the Tunisian constitutional system ,objective Rules , Rules of procedure.