Professor Hasina Sharoun & Professor Abdel Halim Ben Meshri

Faculty of Law and Political Science – University of Mohamed Khiedr  – Biskra – Algeria

Abstract:

Arrest derives basis from the Algerian Constitution issued in 1996 which stipulated in articles 47 and 48 of criminal procedures law, which amended by order no 02-15 dated July 23, 2015 which discussed extensively in articles 50, 51, 51 BIS, 51 bis2 1, 52, 53 and article 65 with respect to the Crime flagrant, and Article 141 with respect to letters rogatory.

The arrest warrant for consideration is one of the serious threats to the violations of the Liberty of people, which provided to police judicial Legislature officers as a necessary mechanism to investigate the crimes and their perpetrators and show the truth.

However, the balance between individual freedoms and the need to address criminality requires, a lot of regulations and guarantees to not to violate the rights of suspects, and not prejudice, except to the required extent by the interests of the community in Fighting Crime and maintaining order and security in which, required the intervention of the legislature of penal A new attempt to grant more guarantees and activating what was present. This is what we are discussing in this paper setting out those guarantees and adequacy in achieving that balance.

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