Automatic intervention of the Public Prosecution in judicial disputes

Abstract

Originally, the Public Prosecution is an agency concerned with controlling society and imposing stability in its relations by enshrining the principles of public order. To this end, the legislator granted it the ability to intervene as a party in a judicial dispute, but this intervention varies according to the nature of the dispute, whether it is a civil or criminal dispute, and it also varies according to the nature of the dispute. The legal position it is in is granted to it by the procedural text. Accordingly, Law No. 08-09, amending and supplementing the Code of Civil and Administrative Procedures, has regulated the forms of this interference and limited them to intervention as an original party and intervention as a joined party with regard to civil litigation. As for criminal litigation, it is always - i.e. The Public Prosecution - an original party in the dispute, as it is the one who initiates and moves the public lawsuit in accordance with what is stipulated in Order No. 66-155 amending and supplementing the Code of Criminal Procedure. However, the Public Prosecution’s intervention may be subject to restrictions that discourage it, such as the restriction of the complaint, permission, and request, and sometimes due to the privacy of others. Acts that constitute an imminent danger to society and public order, the legislator intended to grant them an automatic intervention mechanism as a more effective means of achieving the objectives of the criminal policy imposed by the state.