Criminal mediation
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Criminal mediation holds significant importance in the context of criminal defense lawyers’ practice because it offers the following advantages:
By incorporating criminal mediation into their practice, criminal defense lawyers can offer their clients an approach that promotes reparation, reconciliation, and more efficient justice. This also strengthens lawyers’ ability to meet the specific needs of their clients while contributing to the overall improvement of the judicial system.
Algerian criminal procedural law has integrated “criminal mediation” through Ordinance No. 15-02 of July 23, 2015, by adding to the Code the Chapter II bis entitled “Mediation,” comprising 10 articles. Article 37 bis provides that “the Public Prosecutor may, at his own initiative or at the request of the victim or the person concerned, and before any criminal prosecution, decide to resort to mediation when it is likely to end the disturbance resulting from the offense and to ensure the reparation of the resulting harm. Mediation is concluded by a written agreement between the author of the incriminated acts and the victim.”
Article 37 bis 1 further states that “the mediation procedure is subject to the agreement of the victim and the person concerned. They may be assisted by a lawyer.”
Finally, Article 37 bis 2 notes that criminal mediation does not apply to all offenses but only to the following misdemeanors and offenses:
TOUALBI Issam
Mawyer Mediation Advisor
Specialized Legal Advisory Firm in Amicable Dispute Resolution Methods
59 Appremont, Rostomia, Bouzareah, Alger 16000.
(00213) 773.36.91.43
contact@thaalibi.net
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