نحو تطبيق مبدأ الاختصاص الجنائي العالمي في الإجرام المنظم في التشريع الجزائري

الملخص EN

Universality principle is the enforcement of national law on crimes committed a broad by a foreigner who resides or exists in that region regardless of harm incurred or nationality of perpetrator or that of the victim.

If Algerian legislation, owing to associated obstacles, are unable to incorporate universality principle in all crimes, there is a strong justification that the Algerian legislation adopts the principle in the case of borderless organized crimes ,as an exception, given their wide spread.

Therefore, and as Algerian legislator has introduced many procedural provisions with respect to organized crime, we urge legislator to adopt such principle as done by numerous legislations and relevant international agreements.

The principle is based principally on the idea of human solidarity to defend common interest, and therefore if the international community is keen to set an effective system to counter organized crimes, criminal code should be adapted to the nature of such borderless crimes.

This necessitates the confrontation of the current arbitrariness of countries with respect to national sovereignty principle, and establishes an international criminal policy that makes it imperative for national legislation to adopt universal criminal jurisdiction principle.