الإجراءات العملية للإفراج عن المتهم المحبوس مؤقتا في التشريع الجزائري

Abstract EN

The code of criminal procedure enshrined the accused temporarily detained under investigation a number of rights, including the request for a release order, and the public prosecutor and the public prosecutor have the same right, which is considered a guarantee and an alternative to temporary detention.

distance .

the release has two forms by the force of law, limited exclusively to the expiration of the period of imprisonment and the failure to separate the two bodies of the preliminary investigation, the investigation judge as the original and first degree and the accusation chamber as the second degree of the investigation, as well as the failure to separate the ruling body in the request for release if it is connected to the case file, and the second form is the passport release and its authority is in the hands of a judge the investigation after his request from the accused or his lawyer and the public prosecutor, and the released person must appear if summoned and not leave the residence specified for him.

the indictment chamber, and the public prosecutor, after notifying the litigants within (20) days, may appeal, and the court may decide on the release request submitted to it within 24 hours of its pronouncement of the judgment.

the appeal of the public prosecutor is considered a suspension of the release order, while the appeal of the public prosecutor is not.

since the release is subject to conditions and obligations to which the released person is bound, breaching and non-compliance with them, or the emergence of new evidence, exposes the released accused to temporary detention again.

through this article, we try to analyze the legal articles from 126 to 137 of the Algerian code of criminal procedure, which dealt with the practical procedures for release.