Suspending Capital Punishment Executions and the Legality of Psychological Punishment for the Convicted Person.

Abstract

This study does not seek to take a position in the ongoing debate regarding the effectiveness of the death penalty between those advocating for its abolition and those insisting on its retention; rather, it aims to examine the current status of the death penalty in Algeria, where the enforcement of judicial death sentences in certain serious crimes has been suspended, based on the penal legislation that maintains this punishment.

The study also seeks to assess the extent to which the status of the death penalty in Algeria aligns with the principles of modern criminal policy, particularly regarding the principle of legality of punishment as it applies to those sentenced to death, and mainly concerning the severe psychological distress caused by the special and strict procedures associated with the implementation of the death penalty.

Furthermore, the study aims to identify the weaknesses in this system by highlighting the negative consequences arising from the failure to definitively resolve the status of this severe penalty in Algeria; it also seeks to determine whether this situation is connected to the Algerian state’s overall plan and strategy for combating crime.