Year:2022   Volume: 4   Issue: 4   Area: Law

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Brahim BOUAMRA, Abdellali HAFDALLAH

FOLLOW-UP PROCEDURES FOR CRIMES OF ABUSE OF AUTHORITY IN ALGERIAN LEGISLATION

The abuse of authority is considered one of the most serious crimes due to the consequent waste of rights and freedoms, as well as the fact that it constitutes a serious violation of the integrity of the job that represents the public of state authorities and agencies, and based on this, the Algerian legislator criminalized the abuse of power represented in violating the sanctity of the home, and the crimes of abstinence It also approved a number of punitive and procedural texts to punish the perpetrators of this crime, where the public official in the abuse of power constitutes the main axis of its establishment along with the purpose of the pillars. To be criminal, disciplinary, or civil. Thus, the Algerian legislator tried to reduce the crime of abuse of authority by referring the job with punitive rules to the employees so that they would object to them performing the work entrusted to them to the fullest without any manipulation that could undermine the citizen’s confidence in the state and its structures. There is a link between the committed crime and the work of their job. They are responsible for these crimes, and a number of legal measures are taken against them that the legislator monitors by virtue of the status or capacity they hold, So that the authority authorized to carry out these legal procedures must respect and apply them to the fullest extent in order to avoid any violation of individual rights and freedoms. Accordingly, the legislator has listed a set of penal and disciplinary measures for the public servant that must be followed during his follow-up. Accordingly, this study highlights its importance in that the crimes of abuse of authority are among the serious crimes that conflict with the integrity of the public office and lead to violating the rights and freedoms of individuals, and it may reach the point of disturbing public order and harming the public interest. As for the problem posed by this research paper, it revolves around a fundamental question: To what extent is the Algerian legislator in line with limiting the crimes of abuse of authority through the monitored follow-up procedures? Accordingly, this study aims at a set of objectives, to be summarized in clarifying the basis for criminalizing the abuse of authority, and to identify the forms of the crime of abuse of authority and the follow-up procedures monitored for it through the Algerian legislation. In order to answer the problem posed, a methodological approach was followed that relies on the analytical method by analyzing the relevant legal texts.

Keywords: Public Servant, Public Office, Abuse of Authority, Disciplinary Measures, Penal Procedures.

http://dx.doi.org/10.47832/2717-8293.18.26


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