قراءة في المادة 36مكرر1 من قانون الإجراءات الجزائية المستحدثة

الملخص EN

The freedom of the individual and his right to move and choose his place of residence are among the most important foundations of personal freedom.

Therefore, we find that all laws, at various degrees of international, constitutional and criminal matters, have emphasized the protection and guarantee of this right.

On the criminal level, the Algerian legislator has criminalized acts that affect this right.

However, on the other hand, he has organized resorting to dire procedures, due to their nature, with this right, because they are necessary on the other hand to maintain security and protect social interests, which makes us look for the measures taken by the Algerian legislator by balancing the interest of the suspect with the interest of society.

With our extrapolation of Article 36 bis 1 of the Algerian Criminal Procedures Code introduced by Law 02/15, we found that the legislator did not clarify the possibility of grievance or appeal regarding the travel ban, and that the latter is not reasoned by the Republic's representative, and this is in violation of Article 55 of the amended constitution and supplemented with Law 16 / 01 which states that the causation is obligatory and that this order is not subject to any supervision