Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
This study examines conditional release from two perspectives: its legal nature, and the safeguards surrounding decisions to grant, refuse or revoke it. It proceeds on the basis that conditional release does not replace or reduce the sentence, but rather transfers the enforcement of the remainder of the sentence to the community, as evidenced by Article 147 of Law No. 05-04, which counts its duration as time served. It then assesses its conditions and the competent authority responsible for granting, revoking and monitoring those released, both before and after the Criminal Procedure Code No. 25-14 of 2025, in light of the Council of Europe’s 2003 recommendation and the case law of the European Court of Human Rights, whilst comparing it with French and Finnish legislation. It concludes that the reform has brought Algerian law closer to international standards regarding procedural safeguards, whilst the criteria for granting conditional release remain vague; the financial condition continues to link freedom to the ability to pay; and post-release obligations and support fall short of what is required to achieve the objective of social reintegration.