حجية القرائن في الاثبات الجزائي

Abstract

" Evidence is one of the means of criminal proof , and although the Algerian legislator did not explicitly stipulate it, it is clear from the text of article 22 of the code of criminal procedure that the prevailing sisyetem of evidence is free system. The presumption are of two types , legal presumption stipulated by the legistor , and they are exclusively and judge cannote rule otherwise . They restrict the criminal judge , and they also distrupt the presumptions of innocence assumed in the accused . as for the judicial presumptions , it is from the judge deducing the unkown fact from the information , in turn occupying a position prominent in proof , given the development of methods of committing the crime, the judge was granted the use of judicial evidence, which facilitates access to building his conviction in issuing the judgment. "