The Lawyer’s Rights under the Algerian New Code of Criminal ProcedureA Contemporary Analysis in Light of Modern Criminal Justice Trends

Abstract

In legal doctrine, the right to defense is viewed as inseparable from the act of accusation: wherever an accusation exists, so too does the right to defense, and justice cannot be achieved without it. This principle is firmly established in international agreements, various national constitutions, and relevant domestic laws.

 In contemporary legal systems, this principle is increasingly interpreted in light of digital justice and procedural transparency, ensuring that technological tools do not undermine defense guarantees but rather enhance them.

There exists a close connection between the rights of the defense and the rights of the lawyer, as the right to defense is an inherent and original right of the accused. This is evident in the notification of charges, the right to legal assistance, and the right to present evidence.

Today, this connection extends to the lawyer’s role in handling digital evidence and safeguarding procedural fairness in algorithm-assisted investigations.

On the other hand, the rights of the lawyer serve as a practical extension of the rights of the defense, providing the necessary professional tools for the accused to effectively exercise their right to defense. This understanding led the First President of the Court of Cassation in France during the reign of Louis XV to state: “The legal profession is as ancient as the judiciary, as noble as virtue, and as necessary as justice”.

Nowadays, these tools include access to electronic case files, participation in virtual hearings, and the ability to challenge automated decision-making processes in criminal justice systems.

To explore the rights of the lawyer under Law N^o.25-14 related to the Code of Criminal Procedure, we have organized this work into two primary sections. The first section addresses the rights of the lawyer during the inquiry and investigation phases, while the second section discusses the rights of the lawyer during the trial and execution phases, concluding with a summary that presents a series of findings and recommendation.

This analytical structure also allows for integrating comparative perspectives and assessing how Algerian reforms align with emerging global standards in digital and procedural justice.

Throughout, we situate Algeria’s changes within international and comparative contexts (e.g., UN Basic Principles on Role of Lawyers, EU directives on defense rights) to show how the Code aligns with global fair-trial standards. The reform largely strengthens defense guarantees, yet certain limitations remain (for example, delayed access in terrorism-related cases). The conclusion offers recommendations for further harmonization with international norms and suggests areas for future empirical research on implementation.