Case n°2019-01/EI ( Art.416 -1) of the code of criminal procedure         

Case n°2019-02/EI ( Art.416 -1) of the code of criminal procedure

The Constitutional Council ruled on, 20 November 2019, in public hearing, on the two cases referred to it by the Supreme Court, as part of the implementation of the exception of unconstitutionality.

These are cases N° 2019-01/EU and 2019-02/EU concerning the same subject, namely Article 416-1 of the Code of Criminal Procedure.

Accordingly, the Constitutional Council decided as follows:

First: declares Article 416 of the Code of Criminal Procedure partially in accordance with the Constitution.

Second: the unconstitutionality of the legislative provision provided for in the first paragraph of Article 416 of the above-mentioned Code, in its phrase as follows:

"…when they pronounce a prison sentence or a fine exceeding 20.000 DA for the natural person. "

Thirdly:

1.The unconstitutionality of the legislative provision provided for in paragraph 1 of Article 416 of the above-mentioned Code, in its phrase as follows:

" …and 100,000 DA for the legal person. "

2.The unconstitutionality of the legislative provision provided for in paragraph 2 of Article 416 of the above-mentioned Code, in the following words:

 "when a conditional sentence of imprisonment or a sentence without suspension has been pronounced. "