Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
This study examines the legal framework governing pretrial detention under Algerian Law No. 25-14, with particular emphasis on the balance between the requirements of criminal investigation and the protection of individual liberty. Employing a descriptive and analytical methodology, supplemented by comparative analysis where appropriate, the study investigates the exceptional nature of pretrial detention, its relationship with the presumption of innocence, and the substantive and procedural safeguards governing its application. The analysis addresses the legal grounds for detention, judicial competence, statutory time limits, extension procedures, release mechanisms, judicial review, and compensation for unjustified detention. The findings indicate that the legislation reinforces the exceptional character of pretrial detention by prioritising individual liberty, establishing judicial supervision as a less restrictive alternative, and requiring legally reasoned detention orders. Nevertheless, the effectiveness of these safeguards remains dependent on judicial practice, particularly the interpretation of detention grounds, the assessment of alternative measures, and the scrutiny of exceptional extensions. The study concludes that achieving an appropriate balance between investigative necessity and fundamental rights requires rigorous judicial oversight, individualised assessments of necessity and proportionality, effective procedural remedies, and accessible compensation mechanisms.