المراقبة الإلكترونية كإجراء للاستخلاص الدليل الإلكتروني بين الحق في الخصوصية و مشروعية الدليل الإلكتروني

Abstract EN

If the informatics revolution has been known in the modern world has contributed negatively to the type of crime committed, through different innovative models called "cybercrime", it has also affected the evidence found that leads to the judicial prosecution of criminals of this type of crime.

The traditional procedures set out in the Code of Criminal Procedure have confirmed its "inability" to identify the perpetrators of cybercrime, which obliges the Algerian legislator to renew a series of exceptional procedural measures in order to ensure an effective fight against this new type of crime.

Thus, among the main measures used by the Algerian legislator to combat cybercrime is the establishment of electronic surveillance provided for in article 65 bis 05 of the Code of Criminal Procedure and article 04 of Code number 09-04 concerning special rules for the protection and fight against crimes related to information and communication technology.