المجلة الجزائرية للقانون والعدالة
Volume 5, Numéro 1, Pages 33-43
2019-12-31
Nullity Of Investigation Procedures For Collecting And Presenting Evidence
Authors : Djamal Nedjimi .
Abstract
The Code of Criminal Procedure addresses the provisions of nullity on collecting and presenting evidence that are relevant to our study within Articles 157 to 161, under the title: “On the nullity of investigation procedures. These procedures, as a general rule, do not extend to the preliminary investigations conducted by judicial police. The nullity that pertains to judicial investigations is classified into two distinct categories: (1) nullity according to the disposition of article 157, and (2) nullity for violating the essential provisions stipulated within the scope of the judicial investigation, which are procedures whose violation harms the position of any party in the action. The nullity that attaches to the judicial investigation procedures is of two types: (1) invalidity according to the text of the law according to Article 157 Procedures, and (2) invalidity for violating the fundamental provisions stipulated in the section on the judicial investigation, which are those procedures whose violation results in harm to the position of any opponent in the case. The judicial orders issued by the investigating judge are subject to cancellation or amendment by the indictment chamber as the second stage of investigation (and when necessary, to cassation by the Supreme Court), and this is done through the use of appeal methods and is not subject to nullity provisions.
Keywords
Nullity- Investigation Procedures- Essential Provisions- Indictment Chamber
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