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Lawful Evidence Derived by Unlawful Means in Algerian Law
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Journal Article
Lawful Evidence Derived by Unlawful Means in Algerian Law
2025
Overview
Evidence underpins criminal adjudication, and its lawfulness turns on both content and method of collection. Algeria's 2020 Constitution and the 2025 Code of Criminal Procedure (No. 25-14) mandate safeguards-especially for electronic investigations and digital searches-to protect privacy and ensure lawful proof. Although no express rule governs derivative evidence, constitutional and procedural principles imply courts cannot rely on unlawfully obtained proof. Judicial freedom to assess evidence is bounded by legality, while the doctrine of causal independence preserves evidence not directly produced by a void act. Algerian law thus seeks to balance individual freedoms with the effectiveness of criminal justice.
Publisher
جامعة سعيدة الدكتور مولاى الطاهر - كلية الحقوق والعلوم السياسية - مخبر حماية حقوق الانسان بين النصوص الدولية والنصوص الوطنية وواقعها في الجزائر
Subject
