فعالية العقاب الجنائي في التشريع الجزائري.

Abstract

This study deals with the efficacity of punishment in the Algerian criminal legislation, which evolves according to the philosophy of punishment during each era; an effectiveness which remains so much sought after,via the numerous successive legislative amendments. The different mechanisms of criminal sanction have been discussed, giving a clear picture of their reality, in Algeria, at the legislative, judicial and executive levels, with the aim of identifying the causes of deficiency and weakness therein. Furthermore, this study attempts to seek the guarantees capable of making the system of criminal sanctions more effective in Algeria, and to present the recent modern alternative sanctions, whether those relating to the procedural aspect (the alternatives of public action) or the objective aspect (alternatives to penalties of deprivation of liberty), so that the legislator adopts what goes along with the particularities of the Algerian society. Consequently, this research is intended to be a developmental and critical study of penal policy in Algeria, which delves deeper into the details and facets of punishment, in the quest for themissing effectiveness.