الحماية القضائية للطفل في ظل القانون15-12.

Abstract

The Algerian legislator, in line with the requirements of contemporary criminal policy for juveniles, highlighted the legal aspect of the state of danger that is characterized by a social nature and concerns the non-offending juvenile, so that it took into account the purely social aspect of it in the first place, as the fact that the child is in a state of danger is a situation It is characterized by both a social and legal nature, which is what the Algerian legislator enshrined through the texts of Law No. 15-12 related to child protection, where it approved effective legal protection for the category of children in danger by addressing both the legal and social aspects of the child in danger. The Algerian legislator, through the law mentioned above, in its second chapter, combined two types of protection: social protection through the establishment of national and local social bodies, represented by the National Authority for the Protection and Promotion of Childhood, as well as the interests of this open environment on the one hand. And judicial legal protection, on the other hand, all of this is in accordance with substantive and procedural legal rules, through which the Algerian legislator has separated the provisions related to the protection of the child in a situation of danger. The Algerian legislator also targeted, in his criminal policy towards juvenile delinquents, a basic principle in dealing with juvenile delinquency, which is achieving the goal of reforming the juvenile and not imposing punishment on him. To this end, he allocated to him, through the Child Protection Law 15-12, its own procedural rules that are consistent with The desired goal of his enactment, from the beginning of his prosecution until the issuance of a ruling against him, whether acquitting or convicting him, and his keenness to establish special protection for the juvenile accused. It appears through its approval of a special judiciary for juveniles, which decides on the various cases committed by the juvenile. The stage of executing the ruling is one of the most important stages at which the public lawsuit ends. The investigation and trial stages will not be beneficial without ensuring the implementation of the ruling issued by it, and if the delinquent juvenile is a subject of privacy within the procedures for following up on him. When he is investigated and tried, this privacy that he enjoys will continue with him until the stage of implementing the sentence assigned to him. The extension of the protection of the juvenile to the stage of implementing the judgments and decisions issued against him was established by giving the juvenile judge an effective role in the implementation stage of the judgments that include the protection measures prescribed for the child. This is because determining protection and discipline measures as an original punishment for the delinquent juvenile requires that these measures remain subject to periodic review accordingly. The social and personal variables that may affect the delinquent juvenile and the extent of his response to the measures imposed on him