Arrest in Algerian Legislation: Between the Requirements of Procedural Legality and the Guarantees of Personal Liberty in Light of Law No. 25-14

Abstract

Arrest is considered one of the most prominent criminal procedures closely tied to personal liberty, given its direct restriction on an individual’s freedom of movement and placing them at the disposal of the competent authority, consequently the Algerian legislator has surrounded it with a set of substantive and procedural limitations based on the principle of procedural legality, the presumption of innocence, and the constitutional guarantees established for individual freedom; Studying this subject gains heightened significance under Law No. 25-14 of August 3, 2025, promulgating the Code of Criminal Procedure, which reorganized several liberty-restricting procedures, particularly arrest warrants, police custody (custodial detention), and the guarantees associated with their execution.

   This study aims to analyze the legal framework for arrest in Algerian legislation by defining its concept, distinguishing it from other liberty-restricting measures, clarifying the conditions for issuing and executing arrest warrants, and examining the guarantees granted to the arrested person along with their degree of integration with constitutional and international standards. Furthermore, the study addresses police custody as another form of liberty restriction during the search and preliminary investigation phase, highlighting the specificities of flagrante delicto. The study concludes that Law No. 25-14 enhanced the legislative framework of guarantees relating to personal liberty, particularly by regulating the time limits for deprivation of liberty, enshrining the right to information, communication with family and counsel, medical examination, and linking certain forms of exceeding time limits to legal liability; however, the effectiveness of these guarantees remains contingent upon practical application and effective judicial oversight.