ضمانات المشتبھ فیھ أثناء حالة التلبس

Abstract

"It appears from this discussion the importance given by the Algerian Legislator to human rights and individual freedoms, because of the insurance rights contained in the constitution of 1996 and the amended legal texts, in particular those relating to the code of criminal procedure, this latter is described as one of the more laws infringing on the rights and freedoms - in accordance with the rules drawn by the Universal Declaration of Human Rights and international and territorial conventions in which Algeria has been acceded. However, the legislator and in order to achieve the public interest by ensuring the safety and put an end to crime, he attributed to the officers of the judicial police a large powers in confronting crime committed in flagrante, mainly by detention indictment, arrest and search which are primarily one of the procedures of the investigation, in addition to the procedure modernized by law 06 -22 which consists in the possibility of intercepting correspondence, recording sound and taking photos, which makes this transgression unjustified even if it is executed because of the sensitivity of the case of flagrante, the fear of forgetting the evidence of crime and loss of the right of the society to the penalty therefore. However, the legislator is aware of the seriousness of these acts that restrict freedom of the suspect in his movement and narrow his right to have privacy in his private life, he proceeded to the establishment of a set of restrictions that set the powers of the officers of the judicial police and prevent misuse or arbitrary. Despite the existence of these guarantees, but they are not sufficient on their own, prompting the need to decide the principle of punishment that would reduce abuse which can be produced from these expanded powers, through two types of penalties, the first targeting the nullity of the procedure itself and the second is the personal responsibility that falls on the officers of the police because of their neglect or abuse in the exercise of their functions. And all this is to establish a true equilibrium (in the practical field) between the requirements for officers of the judicial police to carry out their duties in the field of crime detection and restoration of security and protection of rights and freedoms of suspects during a crime in flagrante delicto."