Pre-trial acknowledgement: Between procedural competence and fair trial guarantees: A comparative study
Keywords:
pre-trial acknowledgement, criminal procedures, mitigation of penaltiesAbstract
This research project examines the mechanism of pre-trial guilty pleas, which is one of the legislative innovations adopted by the Algerian parliament in the Code of Criminal Procedure. The study aims to clarify the legal nature of this mechanism and distinguish it from other mechanisms, such as plea bargaining. The study also examines this mechanism within a comparative framework that includes American, English and French legislative models, considering the conditions for its application, procedural guarantees and its impact on the course of justice. The study focuses on the Algerian experience in terms of the legal basis for adopting this mechanism, as well as its practical objectives of reducing pressure on the judiciary and speeding up case resolution. The findings concluded that pre-trial acknowledgement is an effective means of rationalising criminal justice. However, it raises issues relating to the guarantees of a fair trial and the rights of the accused, necessitating a strict legal and judicial framework that balances speed and justice.
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