مجلة الحقوق والعلوم الانسانية
Volume 18, Numéro 2, Pages 71-79
2025-06-12
The Presidential Pardon’s Crisis In Algeria Under The New Constitutional And Legislative Mutations
Authors : Benkara Mohamed Mihad .
Abstract
Royal pardon was able to survive under the constitutional regimes after it proved the effectiveness of its motives goals, and despite the doctrinal controversy that it raises every time about the extent to which it respects many constitutional and legislative principles, this right is experiencing a new crisis in light of legislative alternatives which are more effective in term of reintegrating the convicts , this was what prompted doctrine to question the need to it , especially in its traditional collective form, which is the same crisis that the right of presidential pardon in Algeria encounters , in particular because it retains its traditional form, that is, collective, despite the existence of legislative alternatives that achieves the same purposes as it does , but do not go with conflict with the constitutional and legal principles especially the principle of individualization of penalty .
Keywords
Presidential pardon ; comprehensive amnesty ; individual pardon ; penalty alternatives ; individualization of penalty
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