adoption du projet de loi portant Code de procédure pénale
Summary of the New Algerian Penal Procedure Code
On Monday, members of the National People’s Assembly (APN) in Algeria approved a significant bill focused on the new code of penal procedure. The Justice Minister, Lotfi Boudjemaa, emphasized that this newly adopted code aims to balance the state’s right to combat crime with the protection of individual rights and freedoms. He described it as a pivotal step in the ongoing reform of Algeria’s justice system, reinforcing its role as a defender of liberties and a fundamental pillar of the rule of law.
Key Features of the Code
During his statement after the voting session, Minister Boudjemaa acknowledged the contributions made by the Commission for Legal and Administrative Affairs at the APN, which incorporated several key recommendations from the defense collective, primarily composed of lawyers. The recent amendments to the bill introduce crucial changes, such as:
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Elimination of the Defender System: The previous provision allowing a defender to represent individuals in criminal cases has been abolished. Now, only qualified lawyers, whether selected voluntarily or appointed by the court, will represent defendants.
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Removal of Family Member Representation: The option for family members to act on behalf of accused individuals in criminal matters has also been removed.
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Strengthened Rights for Lawyers: The amendments enhance the authority of lawyers throughout all stages of public proceedings, ensuring they can actively engage with the judicial process.
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Judicial Autonomy: The code prohibits the judiciary from instructing the defense to withdraw questions posed by lawyers, thus securing the lawyers’ right to raise issues freely.
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Direct Observations: Lawyers are now allowed to make direct observations at all judicial stages, significantly empowering their role in legal proceedings.
- Supreme Court Obligations: The code mandates that the Supreme Court must respond to appeals, stating whether they are accepted or rejected.
Minister Boudjemaa urged lawyers and the national bar association to enhance cooperation and coordination to build a robust justice system that upholds the rule of law.
Legislative Process
Throughout the legislative review process of this bill, a total of 87 amendments were suggested, of which 64 were retracted. Additionally, the Assembly decided to remove Article 406 while retaining the provisions that keep lawyers as the sole representatives in criminal defense, alongside maintaining Article 604 related to cassation appeals.
The passage of the penal procedure code signifies a notable moment in Algeria’s legal landscape, emphasizing the importance of both governmental authority and individual rights. With a commitment to reform, the new code is intended to create a more equitable justice system, reflecting a significant shift in Algeria’s approach to law and order.
