علاقة الحقيقة القضائية بمناهج البحث العلمي في الاثبات الجزائي

The Relationship Between Judicial Fact and Scientific Research Methods in Penal Evidence

The protection of rights and freedoms requires the existence of criminal justice, and this protection only happens with the integrity of the judicial decision, especially the convicting one, wherefore a special care given by the criminal legislation. In order to achieve this high objective in the field of criminal proof, the Algerian legislator applies the will of the judge to reach the truth as he granted him wide discretion in assessing the sufficiency or not of the evidence before him to convict the accused, which shows clearly the good faith put by the legislator in the judge. However, the success of the discretion activity in criminal evidence is linked to a large extent to the judge’s awareness of the purposes behind the legislator granting him this authority and whenever these purposes are excluded, the judge will tend to deviation and authoritarianism.