The Position of The Constitutional Council on The Right of Appeal in Cassation in Criminal Matters :Commentary on Decision N° 01/D.CC/EI/20 of May 06, 2020 as a Model

Abstract

The Algerian Constitutional Council, currently named ‘Constitutional Court’, was seized of an exception of unconstitutionality with regard to article 496, paragraph 6, of the code of criminal procedure, which prohibits appeals in cassation in the criminal matter, against court

decisions ruling on misdemeanors by a fine not exceeding 50,000 Algerian dinars. The Council declared that the text object of the appeal is constitutional, considering that the right of appeal in cassation is not fundamental.

This study aims to discuss the arguments of the Constitutional Council, using an analytical-

comparative approach. This study ascertains the fundamentality of the right to appeal in cassation in this type of cases, given its place in the constitutional doctrine and

jurisprudence, as well as in the international human rights law.