BETWEEN STRENGTHENING THE PENAL SYSTEM OR ACTIVATING THE PREVENTIVE SYSTEM IN ALGERIAN LEGISLATION

Objectives: The penal system in most criminal legislations plays a significant and prominent role in combating the phenomenon of recidivism, especially since the primary function of punishment is to achieve both general and specific deterrence. This explains the Algerian legislator’s choice of the most severe penalties. Methods: In its amendment of the Penal Code under Law 22/06, Algeria adopted a penal policy aimed at combating felonies, misdemeanors, and infractions of varying severity while implementing individualized sentencing that considers the gravity of both the previous crime and the crime committed after the final judgment. Results: The implementation of individualized sentencing, along with the severity of penalties, plays a crucial role in addressing recidivism. However, the role of the preventive system in reducing recidivism cannot be overlooked. Conclusion: Reducing recidivism is achieved through the application of penal treatment methods, the adoption of alternative penalties, and the activation of post-sentence care, which will be addressed in this research paper.