تطبيق الاتفاقيات الدولية أمام القاضي الجزائي الجزائري

شرون, حسينة (2009) تطبيق الاتفاقيات الدولية أمام القاضي الجزائي الجزائري. ["eprint_fieldopt_thesis_type_phd" not defined] thesis, Université Mohamed Khider - Biskra.

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Abstract

Abstract: The last centry was characterized by the rapid expansion of the crimes generally and precisely the international crimes; because of the development of the new technologies and the net communication which contribute and help in extending crimes worldwide. And for stopping this increasing risk; members of the international group worked to set a series of treaties, whereas; more than 316 international treaties which are concerned 24 sects of crimes were sited between 1815 – 1989, in addition to that many other contemporaneous international treaties were sited under the united nations. And because the faet that the ratification of these international treaties obliges all the concerned countries to execute them both at the international and national level, they become implemented in every country which accepts and adopts them.And the countries will be obliged to apply them through its legislative, juridical and executive powers and in some cases even through people directly. And because the Algerian legislator already adopts the principle of the international treaties exaltedness than the internal law; according to the article 132 from the constitutional modification of 1996, this international treaty itself which is authenticated by the president of the government will be merged automatically in the internal juridical system. But in the penal field which is characterized by the limitation of the penal judge with the penal legitimacy principe, which obliges the later to be restricted by the penal law. for posing the judge in a critic position, if he abstains to apply the international treaties for realizing the penal legitimacy principle, that'll lead to the negligence of the international obligation, so that the country will take the international responsability. On the other side if the judge applies the international treaties he will break of the penal legitimacy. So the question which we want to answer through this research is : how does the Algerian penal judge apply the international treaties? To propose the appropriate solutions through which the Algerian penal judge will be able to get rid of the juridical dilemma when he is solining a conflict related with an international treaty that is agreed by the Algerian authorities, meanwhile he is constricted by the penal legitimacy principle.

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