الفقه والدراسات القانونية

This study examines the emergence of neurolaw and neurocriminologie and their potential use in Algerian courts. It addresses the issue of how Algerian judges may receive neuroscientific evidence derived from brain imaging techniques. The study hypothesizes that such evidence is not yet integrated into Algerian judicial practice. Using a descriptive and analytical methodology based on scientific studies and foreign case law, the research aims to highlight the importance of neuroscience in judicial proceeding and the need for specific legislation in Algeria. The study concludes that Algerian law remains unprepared for neuroscientific evidence despite the significant legal, ethical, and technical challenges it raises.

Abstract: Over the past decade, Algeria has witnessed a dramatic escalation in the phenomenon of neighborhood gangs, a form of organized urban criminality threatening public security and social cohesion. Emerging primarily in the context of large-scale urban relocation programs toward newly constructed residential complexes lacking adequate security infrastructure, this phenomenon has entrenched itself as a persistent social pathology across Algeria's major cities. In response to the inadequacy of pre-existing criminal legislation, the Algerian legislator enacted Order No. 20-03 of August 30, 2020, on the Prevention and Combat of Neighborhood Gangs, confirmed by Law No. 20-12 of October 22, 2020. This article undertakes a comprehensive critical analysis of the Order, examining its definitional framework, preventive institutional architecture, victim protection mechanisms, procedural innovations, and graduated penal sanctions system. Adopting a descriptive-analytical legal methodology supplemented by comparative reference to French and Canadian experiences, the study finds that while Order 20-03 constitutes a structurally coherent legislative instrument, its deterrent value remains constrained by the failure to operationalize its preventive mechanisms and the persistence of socioeconomic root causes.