Abstract
The distinctive nature of the investigating judge’s role within the judicial system is highlighted, as he is a judge who combines functional independence with membership of a specialised judicial structure, in line with the approach dictated by modern and complex criminal developments. Conversely, the investigating judge’s exercise of his discretionary powers in this regard is limited by a set of constraints, including the nature ofspecific and local jurisdiction and the practical issues this raises as a result of the overlap between criminal jurisdictions, despite the legal framework established in both the Algerian and Tunisian systems, and the issue of specialisation in this field.

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