الوساطة الجزائية في التشريع الجزائري

Abstract

 This study deals with the definition of Mediation in Penal Matters which considered as one of the methods used in order to practice the right of the state to follow the perpetrators. This system has recently appeared in the Anglo- Saxon and Latin procedures systems to confront the crisis of criminal justice , and to limit the traditional methods of practicing public action by the Public Prosecution in order to dispose the disadvantages of short-term deprivation of liberty resulting from the legislative inflation in the criminal field. It is a way that reduce the expenditures of the state for the traditional penal follow-up that affect the budget of the government which has the right of punishement. These expenditures affect also the society that loses the producer element, and then affect the convicted who may lose his livelihood source. Thereby, making him disgrunted on the society and thus becomes more aggressive towards it. So, instead of leaving the punishement institution as a goog person, the criminal may descend in the abyss of criminality. Thus,the penal mediation limits these disadvantages and leaves the offender in his community without putting him institutions ana penal centers. For that, the Algerian legislator adopted this system by the amendement of the Code of Procedure by order NO. 15-20, and the issuance of Law 12-15 on Child Protection.