New legislation in Algeria

El Moudjahid reports:

Military Justice Code:

The Foundations of the Rule of Law Consolidated

The adoption on Thursday of the law establishing the Military Justice Code is part of a comprehensive revision designed to support the momentum of changes introduced by the 2020 Constitution, within the framework of reforms initiated by the President of the Republic, Supreme Commander of the Armed Forces, and Minister of National Defence, Abdelmadjid Tebboune.

Presenting the text to the members of the National People's Assembly (APN), the Minister of Justice explained that it aims to strengthen the foundations of the rule of law and address certain practical shortcomings revealed by military judicial activity in the field, while preserving the gains achieved, particularly following the 2018 revision and the adoption of the principles of a fair trial, two levels of jurisdiction, and the widespread use of information and communication technologies in military justice.

The new code defines military justice as a specialized criminal justice system, administered by military courts under the supervision of the Supreme Court, in accordance with the principles of legality, a fair trial, and respect for human dignity and rights. It organizes military jurisdictions into military courts of first instance and military courts of appeal at the level of each military region, elevates to the rank of court president, at least, the magistrate seconded from the Ministry of Justice to preside over the military court of appeal, and addresses the practical difficulties related to replacing military magistrates to complete the composition of the criminal court. The text also creates the positions of First Deputy Military Prosecutor General and First Deputy Military Prosecutor of the Republic, granting the Military Prosecutor General hierarchical authority over all personnel under the Ministry of National Defense operating within the structures of the military justice system.