المجلة الدولية للبحوث القانونية والسياسية

Precautionary Measures On Funds And Freezing Of Bank Transactions In Light Of Law 25-14: A New Mechanism To Combat Economic Crime

Auteurs : Said Samira .

Résumé

This article presents an analytical study of the precautionary measures on funds and the freezing of banking transactions introduced by the Algerian legislator under Law No. 25-14 dated August 3, 2025, which includes the Code of Criminal Procedure. Through this study, we have attempted to reveal the nature of this mechanism, its types, and its scope of application, and then evaluate its effectiveness in confronting organized economic crime, while highlighting the legal issues it raises in relation to the principle of the presumption of innocence enshrined in the Constitution, and the guarantees of the right to defense. We conclude at the end of the study that, although this mechanism is consistent with Algeria's international obligations, particularly the Palermo Convention of 2000, it suffers from fundamental procedural gaps that require legislative treatment, the most prominent of which are: the ambiguity of the criterion of "strong suspicion", the absence of an explicit definition of the freezing periods, and the lack of a clear mechanism for excluding legal defense expenses from the scope of the freezing.

Mots clés

Precautionary measures ; freezing of funds ; bank seizure ; economic crime ; presumption of innocence