دور قاضي تطبيق العقوبات في تحقيق إعادة التأهيل و الادماج الاجتماعي للمحبوسين.

Abstract

The most prominent thing that the penal policy has gone through, especially the set of modern principles that have occurred in punitive implementation in recent years, is the principle of judicial intervention in the punishment execution stage, although this idea was rejected by the traditional jurisprudence that considered the implementation of judgments to be a purely material act, and the role of the judiciary ends as soon as the punishment is pronounced, and in this case the punitive administration is considered the most appropriate organ to assume the execution function, and in fact of the matter is that the administrative oversight of the punitive execution did not raise any jurisprudential disputes, but rather as a result of the development of the criminal penalty and its change of purpose from deterrence, cruelty and attempt to retaliate against the perpetrator, to calling for the necessity of reforming the prisonor and cultivating him inside prison and trying to help him to reintegrate him into society again, so it is illogical to leave all jurisdiction to the penal administration, especially since the convicted person and his position must be protected against any abuse within the penal institution, and here the judicial authority is the best provider of security and safety for the convicted. Therefore, the judicial supervision in the punitive implementation phase has become an urgent necessity dictated by several legal considerations that have led to various legislation, whether arab or western, to adopt the principle of judicial supervision in the punitive implementation phase, and it has also worked to grant him all the powers it deems necessary, in order to achieve rehabilitation and reintegration for the convicts, and among the countries that initiated the introduction of this system is the French legislator, and the algerian legislator was affected by it, which led him to adopt this system through Order 72-02 containing the law of organizing prisons and reeducation of prisoners, which was called an enforcement judge of penalties, except that the legislator granted him most advisory or supervisory powers through which he could not achieve any result towards reforming the prisoner, in addition to the fact that the judicial authority in the implementation stage does not play the basic role as drawn by the ideas of the modern social defense school, which made the algerian legislator corrects this defect through Law 05-04, which includes the law of organizing prisons and the social reintegration of prisoners, and through which the powers of the enforcement judge of penalties have been expanded so that he has the powers of determination in the interest of the prisoner in the execution stage.