بطلان إجراءات التحقيق الابتدائي في التشريع الجزائري

Abstract

The low gives to the instruction judge the authority to do find the truth, to seek the prosecution evidence and negative, but the authorities, must establish as part of procedure legal, that is to say, in accordance with the law ,and in the absence thereof, the action is wrong which causes the cancelation. But the fact of the cancellation that has great importance and difficulty of the search, which makes its application leads to the non-application of the basis of objectivity, and the impunity of guilty of his crime , and loss of the right the punishment state .in the case of application of the basis for action , it application of the basis for action ,it appears the cancelation in creating balance between the protection of a share of rights of defense and the proper function of justice on the other hand? To answer this problem ,the research methodology requires the examination the object in introductory chapter" the cancellation procedures of the preliminary investigation " and two chapters , the first chapter is the "nullity application", and the second chapter is" the extent required by in the cancellation procedures of the preliminary investigation procedures".