المثول الفوري كبديل للمحاكمة في الجرائم البسيطة في قانون الإجراءات الجزائية الجزائري

الملخص EN

With the intensification and doubling of the cases, the search for new mechanisms to ensure speedy trials is crucial.

In the Algerian Penal Code, the Algerian legislator has been pushed to introduce a legal system to facilitate the proceedings before the courts.

Instant appearance in accordance with the Order No.

15/02 of 23/07/2015 amending and supplementing Order No.

66/155 contained in the Code of Criminal Procedure of Algeria, and to respond to the provision in Articles 339 bis to 33 bis 7 of it.

Where the system of immediate appearance is an important turning point in the penal policy of the Algerian legislator to replace the procedure of flagrante delicto applied in the field of delicts of flagrante delicto, whereby the power to deposit the accused or not before the trial of the jurisdiction of the judge of the Court of delicts a neutral point on the subject of the case after the validity Of the jurisdiction of the Public Prosecution, since the latter has the power to charge on the one hand and an excellent opponent on the other, which prevents it from being neutral and if it tries, as well as the guarantees that the defendant has surrounded, the most important of which is the accused's right to a lawyer.

It should be noted, however, that Order No.

15/02, amended and supplemented by Order 66/155 of the Algerian Code of Criminal Procedure, did not abolish the articles relating to the preliminary investigation in the ambiguous offenses from articles 41 to 58 and 60 to 62, Some of them, such as article 51 of the recognition of the detainee to consider the right to contact the lawyer and receive his visit, and only the amendment of the program to cancel articles 59, 338, 339 concerning the powers of the Undersecretary of the Republic, By which the alleged perpetrators of delicts are referred to the delicts Court.

As a result, the Algerian legislator did not abandon the punishment of the crimes of flagrante delicto, but has changed the method of referring it to the court, by changing the old flagrante delicto procedures by the new immediate appearance procedures effective from 24/01/2016.