نظام الإفراج المشروط بين قانون العقوبات وقانون القضاء العسكري في الجزائر

Abstract EN

Criminalization and punishment are the basis of the entire criminal legal system, so if the criminalization aims to determine the acts that are prohibited or must be performed, then the punishment is the appropriate and appropriate part of the penalty for anyone who violates or violates the orders that are legally prohibited, so criminalization and punishment are the pillar of the principle legitimacy of crimes and penalties.

the basic principle in criminal legislation is punishment through penalties depriving freedom and the exception is the reintegration of detainees into normal life through the punishment of public utility service as well as conditional release.

the reintegration of the detainees means the removal of the perpetrator from the crime and his surroundings, and since imprisonment is the official multi-disciplinary group in this field, the presence of the latter within it would deepen the crime gap, and this integration will be through two main mechanisms: the conditional release system mechanism and also the mechanism the application of the labor penalty for public benefit.

the Algerian legislature has decided a law on the organization of prisons and the social reintegration of prisoners, which is law no.

05-04 of February 06, 2005, amended and supplemented by law 18-01 of January 30, 2018, in which the legislator added a fourth chapter entitled: “situation under electronic surveillance” within articles 150 to 150 bis 16 thereof.

in light of modern punitive thought, law and justice have come to dominate the stage of applying penalties, because the criminal trial does not end with the issuance of the sentence of imprisonment for the accused, as the punishment from the moment of issuance of the criminal is considered a new stage for the convicted person and for society, this stage may be the beginning of a better life or the beginning of life more deviating in the future, and to face this problem and this stage in the life of the convicted guilty person, and in order to secure better treatment for the convicted person and fortify him with personal and professional qualifications that constitute a protective shield for him in the future that prevents him from returning to delinquency again, modern penal legislation, including the Algerian penal legislation, has sought finding alternatives to punishment and modern methods of treatment with the aim of rehabilitating the convicted person and modifying his character so that he is adapted again to society.