بطلان إجراءات قاضي التحقيق

Abstract

The study dealt with the subject of ""Annulment of the acts of the instruction judge"", which seeks to gather evidences, against in particular the liberty individual and the inviolability of their homes and their own private and their right to privacy photo, which is done during the preliminary judicial instruction by persons more important in terms of the procedure that lead the instructions, namely, the instruction's judge who has the authority of the preliminary judicial inquiry into the Algerian procedural criminal law, in relation to the Egyptian procedural criminal law, which conferred on the instruction's judge the preliminary judicial instruction authority as an exception on the prosecution side. The main objective of this study was to judge the nullity of the acts of the instruction's judge and their legal effects, either that the nullity is legal or essential, in each of the Algerian procedural criminal law and Egyptian procedural criminal law, as well as clarify the position of Algerian and Egyptian jurisprudence and doctrine concerning this nullity. The main problematic of this study turns on the definition of what is the instruction judge's acts, their conditions of validity and their nullity aspects, the theories of nullity and the legislative mesures adopted by the jurisprudence, the doctrine and the legislation to identify its nullity, and the ways and means that opponents of the criminal proceedings may resort for the nullity, as well as the judicial authorities competent to judge and the legal effects thereof, Both on the proceedings of the judge itself as to previous or subsequent criminal proceedings, and the possibility of reference to null criminal proceedings by judicial police officers and public prosecutors, instructions judges and judges of the merits, as well as the accused and / or civil party and / or their respective lawyers during the various stages of the criminal proceedings. This study deals in detail with aspects of the nullity of instruction judge's acts relating to violations of the fundamental principles of instruction, both those who govern the instruction judge himself instruction which are presented in his capacity, the eligibility, independence, personal neutrality, competence ratione, jurisdiction ratione materiae, or internal jurisdiction, or those resulting from a violation of the principle of the legality of evidence in criminal matters, and the principle of integrity, confidentiality, the principle of blogging (codification) or those resulting from the lack of respect for the rights of the accused, such as his right to defense and the right to an interpreter with him where necessary, and the right to a speedy trial within a reasonable time, without undue delay. The study also examined at length the nullity of the traditional acts for the collection of material and anecdotal evidence by the instruction judge himself represented in the procedures of the displacement, the sampling, the search and the seizure, and the procedures of audition of witnesses, interrogation and confrontation and hearring of the civil party, or an affected person else to do so as part of a judicial delegation. As well as the study of the nullity of modern procedures for the collection of evidence, and especially in the interception of correspondences, voice recording, image capture and infiltration.