Aspects of compromising criminal legal security in forgiveness of the victim

Abstract

Criminal Legal security is related to individual's rights and freedoms, and as it aims to find reassurance in the relationship between the individual and the public authorities in the state, If that was, under the light of traditional criminal justice, based on the right of the state to punish the perpetrator in order to achieve both kinds of deterrence, the contemporary criminal policy has taken a new approach represented in restorative justice, which is based on consent and resolving disputes cordially. To embody this tendency, the Algerian legislator adopted the procedure of "Forgiveness of the victim ". This study aims to evaluate this procedure from the perspective of legal security through analyzing texts that are relevant to the subject, we concluded that the process of forgiveness of the victim - in the Algerian legislation - compromises the legal security of those who address it, requiring the look for another method that achieves the goals of restorative justice, without affecting the legal positions of the parties of the criminal equation