آثار الجنون المعاصر لارتكاب الجريمة على المسؤولية الجزائية للمتهم في التشريع الجزائري

الملخص EN

This article deals with the study of the legal implications of contemporary insanity for committing a crime in Algerian legislation, as a barrier to criminal responsibility, represented in particular in the acquittal of the insane accused due to the lack of his moral element and lack of criminal capacity, and the lack of benefit for his original contributors or partners in the commission of the crime from innocence, given that insanity is a personal circumstance that does not transgress to others, and the judicial detention of the insane is decided as a preventive security measure in order to receive treatment and prevent him from committing the crime again instead of punishing him.

it also deals with the legal conditions required for a judgment of judicial detention, which is represented in the necessity of its issuance by the judiciary, not by a party from the public prosecution and the administration, and the necessity of proving contemporary insanity at the time of the commission of the crime after the medical examination of the accused, and proving the participation of the insane in the material facts of the crime pursued by it (the material attribution of criminal behavior without moral attribution), and subjecting the judicial detainee to the compulsory hospitalization system stipulated in law No.

11-18 related to health, amended and supplemented in accordance with the provisions of article 21, Algerian penalties.