Disposition of the Public Prosecution Regarding Evidentiary Gathering Reports by Refraining from Initiating Public Prosecution "Pursuant to Order No. 25-14 establishing the new Code of Criminal Procedure"

Abstract

This study examines the discretionary authority of the Algerian Public Prosecution to refrain from initiating public action based on the results of evidentiary gathering, either through the issuance of an archival decision or by resorting to criminal mediation. Anchored in the principle of prosecutorial expediency (opportunité des poursuites), the research analyzes the legal framework, procedural conditions, and implications of both mechanisms. The findings highlight a transformative prosecutorial model grounded in proportionality, efficiency, and restorative justice, reflecting Algeria’s evolving approach to criminal case management in accordance with contemporary legal standards.