un texte visant à protéger les deniers publics et l’économie nationale
Summary of the Proposed Code of Criminal Procedure in Algeria
On Tuesday in Algiers, Justice Minister Lotfi Boudjemaa presented the new draft of the criminal procedure code to members of the National People’s Assembly (APN). He emphasized that the primary goal of this legislative overhaul is to protect public finances and bolster the national economy by introducing alternative measures to criminal prosecution specifically tailored for legal entities.
The draft code includes various provisions that align with current societal changes and aims to uphold rights and freedoms as prescribed by international treaties ratified by Algeria. One of the significant changes proposed is the introduction of alternative sanctions for legal entities. Instead of direct criminal prosecution, the law allows for deferred prosecution in specific cases, contingent upon the restitution of misappropriated funds or equivalent payment to the national treasury.
Moreover, the draft establishes a national agency dedicated to managing frozen, seized, or confiscated assets to fill an existing institutional gap concerning the handling of criminal revenues. This agency’s responsibilities will encompass the management of property subject to precautionary measures and the recovery of misappropriated assets held abroad.
Key innovations within the legislation include enhanced mediation as a mechanism to avert criminal charges, a reduction in the number of jurors from four to two in initial and appellate criminal courts, as well as expanded powers for the public prosecutor. The proposed law revolves around five main themes, such as safeguarding local officials, improving the management of criminal cases, and digitizing and streamlining procedures. Notably, it seeks to amend the immediate appearance procedure introduced in 2015 to address practical difficulties, limiting it to cases that are prepared for trial.
Additionally, the draft aims to enhance the management of criminal cases through the generalization of the penal order system to include all offenses. This approach is expected to facilitate the swift and efficient handling of simple cases. The effective management of seized property will also be revised to permit their resolution without waiting for a final decision, thereby avoiding prolonged retention.
The new framework is designed to not only strengthen individual rights and freedoms but also to enshrine the right to appeal decisions made by the public prosecutor. The rights of the defense will be fortified at every stage of public proceedings. Finally, the Minister noted that the proposed revisions plan to reorganize criminal judicial poles and clarify their respective jurisdictions.
Overall, the reform is an ambitious attempt to modernize Algeria’s legal framework, addressing both the need for effective enforcement against economic crimes and the safeguarding of civil liberties in judicial processes. The proposed measures reflect a commitment to both accountability and efficiency in the management of Algeria’s criminal justice system.
