أوامر قاضي التحقيق الماسة بالحرية الجسدية للمتهم في القانون الجزائري

Abstract EN

The rights of the accused during the preliminary investigation stage are among the important procedural issues at the present time, because the basic principle in the human being is innocence, which is a principle enshrined in the constitution, in order to preserve individual rights and freedoms.

The investigation during the public prosecution phase and restricting it to conditions when issuing various judicial orders against the accused limit his freedom of movement and disrupt his interests, so he was surrounded by a set of guarantees, especially those with temporary imprisonment as an exceptional measure and judicial oversight.

In order for the investigating judges not to abuse this, the legislator granted legal guarantees to the accused, which are considered as basic rights to face these orders that may lead to prejudice to his bodily freedom, such as ordering summoning, arresting or depositing, and as a result of the procedural amendments, they emphasized the exceptional nature of temporary detention, and made the order dependent on non-Adequacy of the judicial obligations as one of its conditions, and for its implementation of its legal status with a set of guarantees must be taken within the framework of procedural legality.