THE LEGAL SYSTEM FOR REMOTE TRIAL IN ALGERIA
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Abstract
The Algerian legislator adopted the trial system remotely under the law of modernization of Justice 15-03, where a pandemic was reflected in the justice sector and the rights and freedoms of litigants and the interruption of the convening of the urban presence trial to preserve safety and public security, which made the Algerian legislator issuing order No. 13-30 amended and completed the Law of Procedures The criminal, through which he set the conditions and conditions that regulate this type of trial and that solve many procedural problems that were facing the justice sector.
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References
- Namur Muhammad Saeed, Principles of Criminal Procedure: an explanation of the Algerian principles of criminal trials procedure, Dar Al-Thaqafa for Publishing and Distribution, Jordan, 2013, p. 327.
- Amara Abdel Hamid, Using remote video chat technology in investigation and criminal trial, Journal of Studies and Research, Arab Journal of Humanities and Social Sciences, Issue Three, Volume Ten, September 2018, p. 61.
- Amir Faraj Youssef, Electronic Courts and Electronic Litigation, Modern Arab Office, Cairo, 2014, p. 41.
- Providing protection in cases of hearing witnesses whose identities cannot be revealed and, importantly, victims of some crimes whose identities should not be revealed. These witnesses or victims can be placed in another courtroom and listened to via a given communication system without seeing their faces.
- Benefiting from the expertise of specialits in areas that do not exist at the level of the jurisdiction of some courts.
- Adjudicating cases or completing investigation procedures within reasonable deadlines, since this technology is characterized by the speed of executing litigation procedures without the need for the parties to the case to move to the court. This saves time and reduces congestion during sessions in court rooms.
- Avoiding the risks of transporting detainees and the resulting accidents.
- Article 14, f 01 of Law No. 15-03 relating to the modernization of justice.
- Article 441 bis, f 01 of the Code of Criminal Procedure.
- Article 441 bis f 02 of the Code of Criminal Procedure.
- Article 441 bis f 03 of the Code of Criminal Procedure.
- Article 441 bis 01 f 02 of the Code of Criminal Procedure.
- Article 15 F01 of the Modernization of Justice Law.
- SafwanShadiqat, Investigation and Criminal Trial via Videoconferencing Technology, Dirasat Journal, Sharia and Law Sciences, Volume 42, Issue 1, 2015, p. 354.SafwanShadiqat, Investigation and Criminal Trial via Videoconferencing Technology, Dirasat Journal, Sharia and Law Sciences, Volume 42, Issue 1, 2015, p. 354.
- Article 16 f01, 02 of the Modernization of Justice Law.
- Article 16 f03 of the Modernization of Justice Law.
- Articles 441 bis 2, 441 bis 3, 441 bis 4, 441 bis 5, 441 bis 6.
-Among the notifications stipulated in the Code of Criminal Procedure are notification of the results of any experience ordered by the investigating judge, notification of the results of the social research conducted on the accused, and notification of the results of mental experience.
- Article 15 F02, 03 of the Modernization of Justice Law.
- Articles 441 bis 7, 441 bis 8, 441 bis 9, 441 bis 10.