دراسة تحليلية للحبس المؤقت في ظل الأمر رقم 15 02 المعدل لقانون الإجراءات الجزائية

Abstract EN

The subject of the article is the new texts governing the temporary detention procedure, which is considered one of the most serious procedures carried out by the investigating body, which came under Order No.

15-02 of 23/07/2015, amended and supplemented by Order No.

66-155 of 28/06/1966 Including the Code of Criminal Procedure.

Under the amendment to the temporary detention procedure, the Algerian state has clearly sought to protect the l ights of citizens and to promote the presumption of innocence, in parallel with improving judicial performance.

This is the conclusion of the exceptional nature of the temporary imprisonment and the reduction of its duration.

Crimes only.

This important procedure under the above amendment, through the articles: 123.

123 bis.

124.

125.

125-1.

125 bis.

hi order to study the subject, the problem was as follows: What are the amendments to the Order No.

15-02.

amended and supplemented by Order No.

66-155 of 28/06/1966 regarding the temporary detention procedure? Has the legislator been able to amend the provisions governing temporary detention to add greater protection to the presumption of innocence and the principles of a fair trial? To answer this problem, a three-question plan was developed: Devoted the first section to discuss the nature and the namre of the temporary detention especially in view of those procedures, and Tmiol the second topic conditions apply and extended by temporary imprisonment, which saw clear changes found significant confirms the keenness of the Algerian legislator to safeguard the citizen’s rights and fundamental freedoms on the one hand.

While promoting respect for the principles of a fair trial.

The third section, which was devoted to monitoring the legality of the temporary detention procedure, is the new notice that the head of the indictment chamber is required to visit the penal institutions at least once every 30 months in order to ascertain the extent to which the stipulated conditions are respected.