the Regression of Punitive Value of the Penalty of Deprivation of Liberty -Contribution to the Monitoring of the Causes of the Phenomenon –

Abstract

Despite of the deep reforms that have been lastly included in the recent modern penal systems and they are clearly shown in the successive amendments adopted by the Algerian legislator, especially the last one which was the Act No. 18-01 of 30 January 2018 on the establishment of the electronic surveillance system, but its negative effects still affect the fundamental rights of the convict, his family and his community. In this regard, this study examines the most important negative effects in the current penal community on the fundamental rights of the convicts and their families, and calls for greater efforts to be made to humanize this punitive pattern while seeking better alternatives, based on the fact that the offender is a sick person who must be treated not a danger which must get rid of.