Procedural rules of the penal order system

Abstract

In its amendment to the Code of Criminal Procedure in 2015, the Algerian legislature introduced a system of penal orders, under Ordinance No. 15-12, which was necessitated by the need to provide judges with time to examine cases of great importance. While the criminal judge, following the procedure of the criminal order, may adjudicate the case referred to him by relying solely on the records of the judicial police, without prejudice.
In accordance with this procedure, the accused can only be convicted of a fine and, in the absence of fair trial guarantees such as the due process and the right of defence, the legislator remedies this by stipulating the accused's right to challenge the criminal order against him, to be retried in accordance with the normal trial procedure.