نطاق تطبيق المصالحة الجزائية في التشريع الجزائري

Abstract EN

Criminal reconciliation is one of the most effective ways to avoid the length and complexity of procedures, as it includes avoiding the length of procedures and the consequent delay in adjudicating cases and the lax issuance of judgments and the implementation of penalties after a long time has passed from the commission of the crime, in addition to avoiding its complexity and its consequences.

From giving some recalcitrant litigants an opportunity to deliberately postpone the decision on the case in various ways.

It is one of the consensual punishment systems based mainly on consensual and the acceptance of its parties to it.

It is a special method for managing the criminal case, as it allows the expiry of the public case without the intervention of the judicial authority that conducts the criminal case in application of the principle of judicial punishment.

And for the aforementioned considerations, the Algerian legislator adopted the system of criminal reconciliation in economic and financial crimes and some organizational crimes, in addition to the economic advantages achieved by this procedure in developing the financial resources of the state in terms of reducing the financial burden on the state, as well as efficiency in collecting resources, and these crimes were limited In: customs crimes, exchange crimes, competition and price crimes, and in regulatory violations (minor violations, and traffic violations), for which the legislator allocated for each of its special procedures in the application of penal reconciliation.