مجلة العلوم القانونية والاجتماعية
Volume 11, Numéro 2, Pages 1034-1053
2026-06-01
The System Of Appearance Based On Prior Admission Of Guilt As A Newly Mechanism For Settling Public Cases – Between Effectiveness And Safeguard
Authors : Habache Imran .
Abstract
In recent years, Algerian legislators have introduced alternative methods for dispute resolution in both civil and criminal law. Their main goals are to reduce case backlogs and speed up procedures. New criminal policies now offer alternatives to traditional trials, often called restorative or negotiated justice. In this context, the system of appearance based on prior admission of guilt was introduced by the Algerian legislature, following the example of other legislators in many Anglo-Saxon and Latin countries, through the Code of Criminal Procedure No. 25-14 of 3 August 2025, which devotes a special section to it in Articles 539 to 548. This research paper examines the plea bargain system, based on a prior admission of guilt, as a mechanism for settling criminal proceedings, addressing its concept, characteristics, and legal nature, and reviewing the procedural stages it entails. The paper also seeks to address the challenge of striking a balance between adopting this system to ensure the speed and effectiveness of the administration of justice and preserving the rights and guarantees established for the accused in the context of a fair trial.
Keywords
guilty plea ; plea bargaining ; plea agreement ; negotiated justice ; rights of the accused ; , fair trial
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