آليات التعويض في الحبس المؤقت
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Date
2024
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جامعة المسيلة
Abstract
Provisional detention, as a precautionary measure, is used to ensure the
proper administration of justice and to prevent the accused from fleeing or
interfering with investigations. However, it can lead to serious huma
rights violations if not applied cautiously and in accordance with principles
of justice.
Based on the principle of state responsibility for judicial error, the Algerian
legislator has recognized the right to compensation for provisional
detention that ends without prosecution, causing significant and distinct
harm to the accused.
According to Law 01/08 dated 26/04/2001, a Compensation Committee
was established at the level of the Supreme Court. This law defined its
composition and duties, giving it a civil nature and making its decisions
final and not subject to appeal.
This was followed by Executive Decree 10/117 dated 21/04/2010, which
specified the method of compensation payment to the injured party by the
Treasury Secretary. However, it did not specify the criteria that the
committee should use to determine the amount of compensation.
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Keywords
state's responsibility, damage, provisional detention, compensation.