حماية القضاء الجنائي لحقوق الإنسان في الجزائر

Abstract

Human Rights are one of the most important legal branches, which are extending towards other legal ones, such as the penal code and others. This is due to one major reason which lies in the Human rights tendency which doesn't allow any segmentation between them As a result, the man whether, be is suspect, accused, guilty or victim, is considered as the stone corner on which his rights protection is based en infront of the penal code. The penal code with its two branches: The criminal law and the criminal procedure code, is one of the most important laws which raises many human rights issues when it is tackled. And most Human Rights monitoring is focused on the code of criminal procedure as a practical application of the penal code. In addition it allows more consideration to the discretionary authority and means of criminal evidence and its independence and how they can result of harassment and violation on the rights and freedoms of citizens before the judicial authority. However, the question would surely raise again, to what extent the protection of human rights is serious? Mainly, when the accused is proved guilty and would spend his prison sentence. Is this criminal put to prison as a punishment for his deeds or is he there for a rehabilitation ? and in this case, it necessary to realize and respect basic rights of this convict, which were not covered under the penality. Even the ones, which were covered under the penality shouldn't be exceeded by more than the ones required by law.