The Regulatory Framework of the Judge for the Execution of Sentences in Algerian Legislation

Abstract

The study of the role of the Judge for the Execution of Sentences occupies a position of great importance in law. The Algerian legislator, through Law No. 14/25 concerning the organization of prisons, sought to ensure the reform and rehabilitation of detainees through bodies and institutions entrusted with achieving this objective. Since the judge constitutes the primary guarantor of protecting detainees from violations of their fundamental rights, the legislator entrusted him with this mission and granted him powers and competencies enabling him to perform his role in the social reintegration of detainees.

Under Law 14/25, the Algerian legislator considers the system of the Judge for the Execution of Sentences to represent the fundamental pillar of penal policy, a fact reflected in the role assigned to this judge both inside and outside penal institutions. Nevertheless, our study has shown that the powers granted to the judge do not always rise to the level of aspirations embodied in modern penal policy, nor are they sufficient to guarantee the effective social reintegration of detainees. Moreover, this institution faces practical difficulties that limit the possibility of consolidating a penal policy founded upon the concept of social defense.