الرقابة القضائية على تنفيذ و تطبيق الأحكام الجزائية في التشريع الجزائري و المقارن.

Abstract

The public action aimed at the application of the penalty is terminated by a criminal judgment condemning the accused of the crimes attributed to him, either by a custodial sentence, a fine or an additional penalty. The public prosecutor ensures the execution of this sentence, which has become final and acquired the force of res judicata, by ensuring that the execution procedures are carried out in accordance with the law. If a problem or a legal obstacle appears during the execution procedures, these will be submitted to the competent court which is responsible for ruling, in order to guarantee the legality of the execution of the criminal judgment and the concretization of the judicial control on the application of these decisions. With regard to criminal judgments involving the deprivation of liberty, judicial intervention has become necessary during its application, following the methods of a modern penal policy, and consequently comparative legislation in general and the Algerian legislator in particular must to encourage members of the judicial authority to ensure that the treatment of convicted persons is equal, to reduce arbitrariness and violations committed during the application of deprivation of liberty. Thus, its mission is to preserve human rights and dignity, in accordance with the rules governing the treatment of detainees.