INNOVATIVE METHODS FOR FILING PUBLIC PROSECUTION CLAIMS BEFORE THE COURT BY THE PUBLIC PROSECUTION IN ALGERIAN CRIMINAL PROCEDURE LAW
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Abstract
The immediate appearance and penal order are recent procedural mechanisms available to the Public Prosecution for filing public prosecution claims directly before the court. These procedures were introduced by Ordinance No. 15-02, dated July 23, 2015, which amended and supplemented Ordinance No. 66-155 of June 8, 1966, pertaining to the Criminal Procedure Law. The immediate appearance applies to flagrante delicto misdemeanors that do not necessitate an investigation, whereas the penal order pertains to simpler misdemeanors, subject to additional conditions outlined in the amended Criminal Procedure Law. This study aims to examine the conditions and procedures associated with these two mechanisms and evaluate their effectiveness in fulfilling their intended objectives.
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References
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Ahmad Fathi Sorour, The Mediator in Criminal Procedure Law, Dar Al-Nahda Al-Arabiya, 8th edition, Cairo, 2012.
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Drissi Jamal, The Penal Order in Light of Order 15-02, Algerian Journal of Legal, Economic, and Political Sciences, Issue 2, 2018, pp. 249-262.
Najar Al-Waiza, The Immediate Appearance System as an Alternative to Trial Procedures in Misdemeanors, Annals of Guelma University for Social and Political Sciences, Issue 26, 2019, pp. 315-340.
Hilalabi Kheira, Makhlouf Tarbah, Immediate Appearance Procedure as a New Mechanism for Initiating Criminal Proceedings under Order 15-02, Future Journal of Legal and Political Studies, Issue 2, 2018, pp. 42-55.