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Economic Crime Prosecution: Algerian Law Outlines New Mechanisms

Algiers, Algeria - In a significant move to strengthen economic crime prosecution, Algeria’s laws have introduced new mechanisms for communication and case file management. The changes aim to enhance the effectiveness of investigations and trials in cases involving organized economic crimes.

New Jurisdictional Provisions

According to Article 211bis03, when an economic crime is committed with multiple authors and accomplices, and has an international dimension, it falls under the competence of the national economic and financial pole as a judicial entity with preferential jurisdiction. This provision applies even if the case file is with the general prosecutor’s office or during the judicial investigation.

Communication Mechanisms

The communication mechanisms between the penal economic and financial pole and case files are outlined in Articles 211bis06 to 211bis15. Prosecutors of ordinary courts are required to request copies of investigation reports and procedures conducted by the judicial police, while the Attorney General of the pole is responsible for requesting the case file after obtaining the opinion of the prosecutor.

Power of Deputy Prosecutor

Notably, the Algerian legislator has granted the deputy prosecutor of the economic and financial pole the power to exercise the prerogatives of the Attorney General in the field of economic offenses, as per Article 211bis04. This allows the deputy prosecutor to request the case file at any stage, whether during preliminary investigations or judicial investigation.

Transfer of Case Files

The transfer of case files between prosecutors’ offices is also streamlined, with the competent territorial prosecutor sending the file to the prosecutor of the pole through administrative correspondence. In cases where the case file is already with the investigating judge, an order of withdrawal is issued in favor of the investigating judge of the penal economic and financial pole.

Extended Jurisdiction

Furthermore, the privilege of the penal economic and financial pole extends even to specialized penal poles with extended jurisdiction at any stage, whether it be preliminary investigation or judicial investigation. In cases of concurrence between the two poles, the penal economic and financial pole must be competent due to its national jurisdiction.

The competence of the economic and financial pole leads to several legal effects, including:

  • Sending the case file with all its evidence to the prosecutor of the pole
  • The prosecutor and investigating judge exercising authority over the judicial police, receiving instructions and delegations from them

Public Prosecutor’s Obligations

In cases where the public prosecutor observes the commission of economic crimes outside their territorial jurisdiction, they are obligated to send the minutes established by the competent judicial police to the Attorney General of the court with extended local competence.

Conclusion

These changes aim to enhance the efficiency of economic crime prosecution in Algeria, ensuring that perpetrators are brought to justice and victims receive compensation.