الاحكام الاجرايىة لمكافحة جرايم المعلوماتية في التشريع الجزايري

Abstract

The information crime expresses a new serious developed criminality and this is by exploiting the information revolution, as it does not have a unified definition and concept, which made it resist the principle of legitimacy. The Algerian legislator tried to define what is meant by the crimes of information and communication technologies, taking a flexible approach, trying to surround it objectively in the Penal Code and its complementary laws and this is due to the successive developments which are difficult to enumerate, therefore it included in its criminalization the crimes of violating the data processing systems, this data and the material and moral elements it contains every time it raises controversy because of its special nature even at the procedural level, add to that every traditional crime committed or facilitated by an informatic system, and this is a very wide way that makes every crime take the description of informatics, even if it is committed by technical means for the sake of facilitation. From a parallel procedural point of view, the legislator was able to intervene every time in an attempt to keep pace with information crime in terms of addressing it based on prevention and control in the Code of Criminal Procedures and the laws complementing it, so he adapted traditional procedures for it with actions that are consistent with their nature while preserving the general legal rules such as information inspection..., And he introduced almost other technical procedures required by its specificity, such as electronic monitoring... and that was in the various stages of the public lawsuit, follow-up, investigation and trial. This confrontation also included the internal and external levels within the framework of international cooperation, and all this in order to reach the information evidence. The legislator continues to keep pace with every technical development that affects the law, in order to establish an effective and integrated technical legal system. So far, our objective studies in general and procedural ones in particular make us say that our legislator with regard to his fight against information crime has reached an advanced degree in combating it, and whatever shortcomings there are. Theoretically or practically, this is the nature of positive legislation.