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Death penalty 🇩🇿 Algeria

Algeria offers treatment without prosecution and narrows drug death penalties

People who used illicit drugs faced two months to one year in prison, a 500–5,000-dinar fine, or both under the new health law.[1] Unlike the repealed 1975 ordinance’s broad capital clause, the new death clause applied to specified trafficking and facilitation offences affecting the Algerian people’s moral health.[1][2] People who followed prescribed treatment could avoid prosecution, and courts could order treatment and withhold punishment.[1]

Index score

15

+4 points

The story · written by gpt-6,

Algeria’s 1985 health law kept prison available for illicit drug use while providing routes through treatment that could prevent prosecution or punishment.[1][2] It also narrowed the capital clause from the repealed 1975 ordinance to specified trafficking and facilitation offences.[1][2]

Drug use stays within criminal law

A person using substances or plants classified as narcotics faced two months to one year in prison, a 500–5,000-dinar fine, or either penalty alone.[1] The law therefore allowed a financial penalty without prison as well as imprisonment.[1] Personal use remained a criminal offence at that range.[1]

Trafficking and facilitating another person’s use remained separate offences.[1][2] The capital clause referred to those specified offences where their character threatened the Algerian people’s moral health.[1][2] The ordinary use offence was outside that list, unlike the broad wording of the 1975 ordinance.[1][2]

Following treatment could prevent a prosecution

The law said prosecution would not be pursued against people who followed the prescribed detoxification treatment through to completion.[1] It also covered users who had undergone detoxification or medical supervision after the acts alleged against them.[1] Seized substances and plants still had to be confiscated.[1]

If a person had already been charged and needed treatment, an investigating judge or juvenile judge could order a detoxification course with medical supervision and rehabilitation measures.[1] The trial court could continue those requirements and could withhold the ordinary use penalty when the treatment provisions applied.[1]

Doctors remained connected to the court

Treatment could take place in a specialised establishment or outside it under medical supervision.[1] The treating doctor had to inform the judicial authority periodically about progress and results.[1] Evading an ordered course exposed the person to the use penalties again.[1]

The treatment provisions consequently changed a user’s possible outcome while leaving the offence itself in place.[1] The person’s response to prescribed care and the court’s decisions mattered to whether punishment followed.[1]

Replacement legislation arrives in 2004

The 2004 drug law expressly repealed these drug provisions, including the capital clause.[3] It set a new use and personal-possession range of two months to two years, with a fine or either punishment alone, and retained treatment-linked non-prosecution.[3]

A 2007 implementing decree later detailed the medical reports and certificates supporting those decisions.[4] Treatment remained part of the legal history of Algeria’s drug controls alongside severe supply penalties.[3][4]

Score by segment 0 to 10

  1. Possession · 25%0 0
  2. Personal cultivation · 25%0 0
  3. Punishment & enforcement · 20%0 2+2
  4. Sharing & gifting · 10%0 0
  5. Consumption · 10%1 1
  6. Legal access · 10%0 0

The bar shows the score after the change; the tick marks where it stood before. Algeria's scores have changed again since.

References

  1. Algerian Official Gazette 8, 17 February 1985 — Law 85-05 of 16 FebruaryPrinted pp. 138–140: Articles 243–253 and 268; original scanarchived
  2. Algerian Official Gazette 15, 21 February 1975 — Ordinance 75-9 of 17 FebruaryPrinted p. 198: Articles 1–11; use, capital clause and retrospective applicationarchived
  3. Algerian Official Gazette 83, 26 December 2004 — Law 04-18 of 25 DecemberPrinted pp. 3–7: Articles 4–13, 17–20, 26–27 and 38archived
  4. Algerian Official Gazette 49, 5 August 2007 — Decree 07-229 of 30 JulyPrinted pp. 4–5: Articles 1–8, treatment, reports and non-prosecutionarchived

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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