التعويض عن أضرار الحبس الاحتياطي و مسؤولية الدولة عنه

Abstract

This research addresses the issue of compensation for unjustified pre-trial detention and state liability under Algerian legislation, particularly following the recent amendment to the Code of Criminal Procedure. The study aims to demonstrate how the legislator balances the protection of individual liberties with the public interest, highlighting the procedural mechanisms and substantive conditions for claiming material and moral damages before the competent committee at the Supreme Court. The research concludes with a set of recommendations aimed at simplifying compensation procedures and activating legal alternatives, such as electronic monitoring, to limit the arbitrary recourse to this exceptional measure.