السمطة التقديرية للقاضي الجزائي

Abstract

The criminal judge enjoys a discretionary power exercised throughout all stages of the criminal proceedings until the final judgment is rendered، This discretion is considered one of the fundamental features of criminal justice, as it plays a crucial role in achieving individualized justice by assessing facts and determining penalties in accordance with the specific circumstances of each case، Given the importance of this subject, this study addresses the various aspects related to the discretionary power of the criminal judge by highlighting its legal foundations, particularly the principle of free evaluation of evidence and the judge’s personal conviction، It also examines the legal limitations imposed on this power, such as the principle of legality and the presumption of innocence, in order to ensure a balance between judicial discretion and fair trial guarantees while preventing abuse or arbitrariness، The study concludes that, despite its necessity for achieving flexible justice, this discretionary power raises several issues concerning judicial impartiality, the objectivity of judicial conviction, and its impact on the fairness and stability of criminal judgments،