Year: 2025
Type: article
Abstract: The Algerian legislator has granted the criminal trial judge broad discretionary power in being convinced by the evidence upon which the judgment is based, whether that evidence serves to establish the charge and attribute it to the accused, thereby leading to a conviction, or whether it serves to negate the charge, resulting in an acquittal.The legislator has set specific conditions regarding the evidence upon which the criminal trial judge forms his conviction, notably by requiring that the evidence be lawful and discussed in an adversarial manner during court proceedings by both parties.Furthermore, the legislator has established guidelines governing the judge's freedom in assessing evidence according to his discretionary authority.As a general principle, the judge is granted complete freedom to be convinced by the evidence, with the sole obligation of providing reasoning for the judgment.However, by exception, the legislator has imposed certain restrictions on this discretionary power in the judge's conviction based on evidence.Citation
DOI: 10.56334/sei/8.6.44
Author: Boucetta Redha
Institution: University of Algiers Benyoucef Benkhedda
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410956155