The principle of legality under the code of criminal procedure

Abstract

Considering that the personal freedom of the accused is the most sacred right he enjoys before the law, so it was necessary to hurry to legitimize the criminal procedures to protect the accused from the violations that could trample him since the occurrence of the crime until after his trial. Every action taken by the judicial authorities in these stages, whether before or after the trial against the perpetrator, must be governed by the law, otherwise it is considered an illegal procedure that results in the invalidity of the procedure and the subsequent procedures, because the procedural legitimacy represents a guarantee to protect the personal freedom of the accused, Therefore we find that when the Algerian legislator set the general framework for the conduct of criminal procedures, he also set general guarantees for these procedures by approving oversight over the investigation and trial procedures. This appears through judicial and legal oversight in the investigation procedures in addition to the protection mechanisms established during the trial procedures, which are In the penalty of nullity, the procedures that violate the law, the right to submit legal defenses, and the right to review judgments.