The Flagrante Delicto System in the New Algerian Code of Criminal Procedure (Law 25-14): Concept, Forms, and Procedural Effects

Abstract

This study examines the system of flagrante delicto in the new Algerian Code of Criminal Procedure, Law No. 25-14, by analyzing its concept, forms, and procedural effects. Flagrante delicto is considered an exceptional procedural mechanism that allows public authorities to intervene immediately in response to a crime, based on the existence of a close temporal proximity between its commission and its discovery, along with external indications demonstrating its occurrence. The Algerian legislator has adopted a restrictive approach by exhaustively defining the cases of flagrante delicto, thereby reinforcing the principle of legality and limiting expansive interpretations. Moreover, the scope of its application has been extended to include misdemeanors punishable by imprisonment, while granting broader powers to judicial police officers, balanced by the establishment of legal safeguards for suspects, particularly regarding police custody and the right to defense. The study concludes that the new legal framework seeks to strike a balance between procedural efficiency and the protection of rights and freedoms; however, its effectiveness ultimately depends on proper implementation and effective judicial oversight