الوساطة الجزائية في ظل القانون الجزائري

الملخص EN

Crime is a social phenomenon through different eras, which prejudices the social stability, for that reason competent authorities is fighting against this phenomenon, by different ways among which: Penal Mediation, which is a modern mechanism passed by legislations, In spite of divergence of opinions of some ones on it's nature, however they agree on it's advantages the reason for is adopted by a lot of states.

The procedure of penal mediation was created pursuant to the ordonnance N° 02-15 dated on July 23rd 2015 to amend the code of criminal procedures, it was also incorporated by the legislator in the child protection law N° 12-15 dated on July 15th 2015, this way enables a third party to act as an intermediary between the victim and culprit, if both wo parties agree amicably, the victim is compensated so that is the matter will be closed and limitation period is suspended this is called a successful mediation.

Whereas the mediation failed, the Public Prosecutor has the right to act in public action, according to procedures suitable for the crime nature, and the matter takes it's original legal way that is the victim prosecutes the culprit.

key words: Penal mediation; restorative justice; mediator; prosecutor; mediation agreement.