المجلة الجزائرية للأمن والتنمية
Volume 15, Numéro 2, Pages 462-475
2026-07-01
Mechanisms Of Consensual Justice In Algerian Law: An Analytical Study Of The Appearance Based On Prior Guilty Plea Under Law No 25/14
Authors : Chaaben Lamia .
Abstract
The system of appearance based on prior acknowledgment of guilt is a procedural mechanism aimed at achieving swift and effective criminal justice by shortening the course of public prosecution, relying on the defendant's confession and their acceptance of the proposed penalty under judicial supervision. This system contributes to alleviating the burden on courts and reducing case resolution timeframes, while granting the issued decision immediate enforceable effect and consequences similar to those of a conviction judgment. Furthermore, this procedure ensures a certain balance between the demands of speed and the rights of the parties, as it allows the victim to claim compensation and preserves the possibility of reverting to the ordinary judicial process should the agreement fail. Despite the effectiveness it achieves, it raises certain challenges related to the guarantees of a fair trial and the limits of appeal, which necessitates its application within a framework that takes into account the protection of fundamental rights and freedoms.
Keywords
: Confession / Acknowledgment of guilt – Appearance – Criminal justice – Negotiation – Penalty proposal / Proposed sentence – Judicial approval.
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