20 November 2019 :

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 in the 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 without suspension has been pronounced. "

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13 November 2019 :

The Constitutional Council witnessed today November 13th, 2019 a memorable day, under the presidency of Mr Kamel FENICHE, the President of the Constitutional Council.

It holds, indeed, its first public audience on the framework of Article 188 of the Constitution ,which sets the exception of unconstitutionality (see the presentation). The deliberation of this first case will be hold on 20th, November 2019.

the Constitutional Council takes this opportunity to babtize «the Audience Hall » in the name of the deceased President of the Counstitutional Council (1989-1995) Abdelmalek Benhabyles » and, « the Conference room » in the name of the Late President of the Constitutional Council Mourad Medelci ,in the presence of the family members of the two late Presidents of the Constitutional Council.

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Proclamation n° 03/P.CC/19 of 19 Rabie Ethani 1441 corresponding to 16 December 2019 relating to the final results of the election of the President of the Republic

The Constitutional Council,

- Having regard to Constitution, in particular Articles 85, 87, 88, 89 and 182 (paragraphs 2 and 3);

- Having regard to Organic Law n° 16-10 of 22 Dhou El Kaâda 1437 of 25 August 2016 on the electoral system, amended and supplemented, in particular Articles 137, 145, 148, 160 (paragraph 2), 163 (paragraph 4) and 172 thereof,

- Having regard to the regulation of 7 Ramadhan 1440 corresponding to 12 May 2019 laying down the operating rules of the Constitutional Council, amended and supplemented, in particular Articles 52, 53, 54, 78, 78, 78 bis and 80 thereof,

- Having regard to Presidential Decree n° 19-245 of 15 Moharram 1441 of 15 September 2019 convening the electorate for the election of the President of the Republic;

- Having regard to the decision of the Constitutional Council n° 36 /D.CC/19 of 12 Rabie El Aouel 1441 corresponding to 9 November 2019 validating the final list of candidates for election to the Presidency of the Republic;

- After examining minutes of the counting of votes, the minutes of the communal counting of the votes, the centralization minutes of the results drawn up by the electoral commissions of wilayas and the centralization minutes of the results drawn up by the Electoral Commission of residents abroad;

- having regard that no appeal on the voting operations has been submitted to the Constitutional Council,

- The rapporteur members heard,

- After correction of material errors, the final results of the ballot are as follows:

Electors registered on the national territory: 23,559,853

Total number of registered voters: 24,464,161

Voting electors on the national territory: 9,675,515

Total number of voting electors: 9,755,340

Total participation rate on the national territory: 41.07%.

Overall rate of participation: 39.88%.

Invalid ballots: 1,244,925

Votes cast: 8,510,415

Absolute majority: 4,255,209

Votes obtained by each candidate in descending order:

- Mr. TEBBOUNE Abdelmadjid: 4,947,523 or 58.13%.

- Mr. BENGRINA Abdelkader: 1,477,836 or 17.37%.

- Mr. BENFLIS Ali: 897,831 or 10.55%.

- Mr. MIHOUBI Azzedine 619,225 or 7.28%

- Mr. BELAID Abdelaziz 568,000 or 6.67%

- Considering that, pursuant to Article 85 (paragraph 2) of the Constitution, election to the Presidency of the Republic shall be by an absolute majority of the votes cast by the electors,

- Considering having regard that the candidate TEBBOUNE Abdelmadjid obtained an absolute majority of the votes cast by the electors;

As a result;

Proclaims:

Mr. TEBBOUNE Abdelmadjid President of the People's Democratic Republic of Algeria. He shall take office immediately after taking his oath in accordance with Article 89 of the Constitution.

This Proclamation shall be published in the Official Journal of the People's Democratic Republic of Algeria.

This was deliberated by the Constitutional Council in its meetings of 17, 18 and 19 Rabie Ethani 1441 corresponding to 14, 15 and 16 December 2019.

                                       President of the Constitutional Council

                                                                                Kamel FENICHE

Mohamed HABCHI, Vice-President,

Salima MOUSSERATI, member,

Chadia REHAB, member,

Brahim BOUTKHIL, member,

Mohammed Reda OUSAHLA, member,

Abdennour GRAOUI, member,

Khadidja ABBAD, member,

Smail BALIT, member,

Lachemi BRAHMI, member,

M’hamed ADDA DJELLOUL, member,

BOURAOUI Amar, member.

 

 

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Final results of the election of the President of the Republic of December 12th,2019 distibuted by candidate and wilaya