Law of Evidence at Algeria
In Algeria, the Law of Evidence is primarily governed by two key legal frameworks:
Code of Civil and Administrative Procedure (promulgated by Law No. 08-09 of 25 February 2008)
Code of Criminal Procedure (promulgated by Decree No. 66-155 of 8 June 1966, as amended)
⚖️ General Principles of Evidence
1. Obtaining Evidence
Civil and Administrative Procedure: Evidence is obtained during the trial upon the request of the parties. The court decides on the admissibility of evidence, excluding those prohibited by law or deemed unnecessary. Evidence obtained in contravention of legal prohibitions is inadmissible and may be excluded at any stage of the proceedings.
Criminal Procedure: Evidence is gathered during preliminary investigations by the prosecuting authority in accordance with legal rules. During the trial, evidence is presented at the request of the parties, with the court deciding on its admissibility.
2. Evaluation of Evidence
Civil and Administrative Procedure: The court evaluates evidence based on its authenticity and evidential value. All evidence is subject to examination and has no predetermined value. The court assesses the evidence collectively to establish facts.
Criminal Procedure: The judge evaluates evidence based on its authenticity and relevance. Evidence is assessed collectively, and the judge is not bound by strict rules of evidence. The judge has discretion in determining the weight and credibility of evidence. (Code of Criminal Procedure (promulgated by Decree No. 66-155 of June 8, 1966, as amended and complemented), Algeria, WIPO Lex)
🧾 Types of Evidence
1. Witness Testimony
Civil and Administrative Procedure: Witnesses are heard separately, and their testimonies are recorded. The court considers the credibility and relevance of witness statements. (Code of Civil and Administrative Procedure (promulgated by Law No. 08-09 of 18 Safar 1429 corresponding to February 25, 2008), Algeria, WIPO Lex)
Criminal Procedure: Witnesses are heard in the presence of the accused, and their testimonies are recorded. The judge may confront witnesses with the accused or other witnesses to clarify discrepancies. (Code of Criminal Procedure (promulgated by Decree No. 66-155 of June 8, 1966, as amended and complemented), Algeria, WIPO Lex)
2. Documents
Civil and Administrative Procedure: Documents are presented as evidence and must be authentic. The court may request original documents or certified copies. (Code of Civil and Administrative Procedure (promulgated by Law No. 08-09 of 18 Safar 1429 corresponding to February 25, 2008), Algeria, WIPO Lex)
Criminal Procedure: Documents are presented as evidence and must be authentic. The court may request original documents or certified copies. Documents may be excluded if they are obtained unlawfully. (Code of Criminal Procedure (promulgated by Decree No. 66-155 of June 8, 1966, as amended and complemented), Algeria, WIPO Lex)
3. Material Evidence
Civil and Administrative Procedure: Material evidence is presented to the court and may be examined. The court may order the preservation or return of material evidence to its rightful owner. (Code of Civil and Administrative Procedure (promulgated by Law No. 08-09 of 18 Safar 1429 corresponding to February 25, 2008), Algeria, WIPO Lex)
Criminal Procedure: Material evidence is presented to the court and may be examined. The court may order the preservation or return of material evidence to its rightful owner. (Code of Criminal Procedure (promulgated by Decree No. 66-155 of June 8, 1966, as amended and complemented), Algeria, WIPO Lex)
4. Expert Opinions
Civil and Administrative Procedure: The court may appoint experts to provide opinions on technical matters. Experts must be impartial and may be questioned by the parties. (Code of Civil and Administrative Procedure (promulgated by Law No. 08-09 of 18 Safar 1429 corresponding to February 25, 2008), Algeria, WIPO Lex)
Criminal Procedure: The court may appoint experts to provide opinions on technical matters. Experts must be impartial and may be questioned by the parties. (Code of Criminal Procedure (promulgated by Decree No. 66-155 of June 8, 1966, as amended and complemented), Algeria, WIPO Lex)
🚫 Exclusions and Safeguards
Illegally Obtained Evidence: Evidence obtained in violation of legal prohibitions is inadmissible and may be excluded at any stage of the proceedings.
Professional Secrecy: Individuals bound by professional secrecy, such as lawyers and medical professionals, are not compelled to testify about information acquired in their professional capacity, except in cases where they are obligated to report to authorities.
🧭 Recent Developments
In June 2023, President Abdelmadjid Tebboune ordered the enrichment of the bill on the Code of Civil and Administrative Procedures, emphasizing the introduction of appropriate amendments, especially concerning appeals to the Supreme Court in certain cases. This initiative aims to enhance the judicial process and ensure the effectiveness of legal proceedings. (President Tebboune orders to enrich bill on Code of Civil, Administrative Procedures)
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