الطبيعة القانونية لنظام المراقبة اإللكترونية خالل مراحل الدعوى العمومية في التشريع الجزائري

Abstract

"Electronic monitoring constitutes a standalone system that achieves a significant balance between personal rights and freedoms on one hand, and the state's interest on the other. It avoids the negative impacts stemming from short-term custodial sentences, including their economic drawbacks for the state and their social and psychological repercussions on the convicted individual. Consequently, the Algerian legislature has moved swiftly to adopt it, following the trend of other legislative systems, with the aim of modernizing the penal framework in line with the requirements of modern criminal policy. Indeed, it was introduced during the judicial investigation phase as well as the trial phase under the immediate appearance procedure (comparution immédiate) pursuant to Law No. 15-02, serving as an alternative to pre-trial detention to uphold the presumption of innocence within the framework of judicial supervision obligations. Furthermore, it was adopted as an alternative to short-term custodial sentences under Law No. 18-01 as part of sentence adjustment mechanisms and as a novel method of sentence enforcement aimed at the reformation and rehabilitation of convicts. Finally, it was enacted as a principal penalty following the amendment of the Penal Code by Law No. 24-06, which inserted Chapter I bis 1 into Title I of Book I, entitled ""Electronic Monitoring"", thereby placing it under the jurisdiction of the trial courts at the sentencing stage."