جرائم الفساد وآليات مكافحتها في ضوء مستجدات قانون الإجراءات الجزائية الجديد رقم 25-14

Abstract

Corruption has become one of the most serious threats facing states, necessitating the development of procedural mechanisms to combat it. To this end, the Algerian legislature, pursuant to Law N° 06-01 on the prevention and combating of corruption, has established a set of preventive measures and institutional mechanisms aimed at promoting transparency and combating corruption, the most notable of which are the High Authority for Transparency and the Prevention and Combating of Corruption, the Central Office for the Suppression of Corruption, and the Financial Intelligence Unit, In addition, a range of other legislative mechanisms led to the Algerian legislature’s inevitable adoption of the new Code of Criminal Procedure N° 25-14, which enshrined advanced procedural mechanisms, including the expansion of the powers of judicial police through special investigative methods, the introduction of a system for deferring criminal proceedings against legal persons, and the establishment of a national agency to manage frozen and/or seized and/or confiscated assets, whilst imposing procedural safeguards to protect honest administrators. These mechanisms aim to strike a balance between the effectiveness of deterrence and the protection of fundamental rights and freedoms.