الحكم فـي الدفع الأولي وأثره على حرية اقتناع القاضي الجزائي

Abstract

The first or the secondary case, as stated in the case law, one of the objective claims invoking a temporary case, which is considered as one of the defense automatisms put by the legislator of the law to guarantee the defense of the accused, to confront the charges in court. The legislator conditioning this kind of claim to a set of formal condition and objective the accused must indicate it before any defense in the object in a way explicit and explicit, so that it influences one of the principles of the crime by denial, as long as it is supported by such a fact, or a title deed owned by the latter to reinforce its seriousness, and if the first assumption according to required by law, two important effects. The first effect is : the accused bears the burden of proof, contradictorily and exceptionally of the original requiring that the public prosecutor's office bear this charge and this by the request of the latter to introduce his action in the deadlines set by the criminal court before the competent courts, criminal or civil, or even administrative given the nature of the legal claim so that it is a means the second effect of the public action, so that if the respondent before the criminal court, which confirms the introduction of the action before the competent court, the latter has rendered a judgment preliminary ruling for a stay of the public action until the day on which the courts have jurisdiction by final judgment, knowing that the arrest is obligatory, which is the case stated by the state of the initial payment statements, or that the arrest is temporary so that it can be judged by the judge.