الإصلاح العقابي في الجزئر على ضوء المعايير الدولية.

Abstract

Through this modest study entitled, penal reforms in Algeria in the light of international standards, we tried to examine the different reforms that touched the Algerian penal system, especially those with a direct impact on the prisoner and those which play an important role in the rehabilitation and reintegration process of the prisoner in his society as a person who is able to live in peace with his environment and stay away from recidivism, we choose the international standards of punitive treatments as a reference to measure at which point Algeria is in conformity with these standards. We find that, although the Algerian state had announced the intention of building an important number of new prisons, the percentage of realisation of this projects steel small, which amplified the bad situation of prisons and the problem of overpopulation. Despite the fact that the legislator is trying to enrich the legislative process with a panoply of alternative means of punishment other than incarceration, the bureaucracy that surround the determination of this alternative processes is limiting their efficiency whether in the rehabilitation of the prisoner or in reducing the overpopulation issue. For this reason, we insist in our study on the fact that real and efficient reforms must be executed in the real life trough the execution of juridical texts and allowing the majority of prisoners to take advantage of these different measures of treatments. To achieve this, we must put a term to the centralisation of the decisions and increase the number of sentence executing judges over the juridical councils. At the end, we maintain saying that lows are made to be executed, not to glitter the image of the country in the international ceremonies, and we believe if necessary mechanisms are implemented to ensure the execution of the lows, we will be one of the most respected countries in prisoners rights domain, and we will notice a decrease in the number of recidivism because all conditions will be satisfied to execute the rehabilitation and reform programs whether inside of prisons or outside.