الدفاع الشرعي في التشريع الجزا ئري

Abstract

Self-defence in the Algerian legislation: The right of self-defence is a legally recognized right in the Algerian law.it is stated in articles 39 and 40 of the Algerian penal code .it is considered as one of the grounds of justification .it is not the original rule. rather, it is an exception allowed in specific cases . Self-defence is divided into two types: legitimate self-defence and excessive self-defence.it involves defending oneself or one ’s property under the objective conditions defined by law . Violating these conditions constitutes an excess of self-defence, which exposes the offender to both criminal and civil liability, except in exceptional cases, he is not required to prove compliance with the conditions.however ,in cases of self-defence, the burden of proof lies on him .if he is able to prove that he was in a state of self-defence, all responsibility is removed from him the court must rule on his request if the case establishes the existence of self _defence and it is subject to the supervision of the supreme court as a court of low ,not as a court of fact ,as it reviews the correctness of the trial judges’application of the low as established before them and adequacy of their reasoning .