الضمانات القانونية للمتهم أثناء فترة الحبس المؤقت في التشريع الجزائري

Abstract

Abstract:Pre-trial detention entails the restriction of an individual’s liberty with the aim of protecting society. However, this measure poses a legal dilemma due to its conflict with the fundamental rights of the individual to preserve their freedom, dignity and interest of society in safety and the prevention of criminal behavior. This balance can only be achieved if the state supports this measure by providing legal safeguards and ensuring that pre-trail detention remains an exceptional procedure, not the norms. It must be based on firm legal grounds, as it touches on one of the most important human rights. Ending someone’s freedom without committing a crime does not necessarily mean they are guilty, even if the public interest might be served through such measures.The Algerian legislation has enacted a set of important legal safeguards for the accused during the period of pre-trial detention, aiming to achieve a balance between individual freedom and the proper functioning of justice. However, practical implementation is not without shortcoming, particularly regarding the misuses of pre-trail detention, weak oversight and lack of judicial review. Numerous studies have emphasized the necessity of confronting this reality and limiting the resort to pre-trail detention, while emphasizing judicial independence and adhering to the principal of presumption of innocence.