Effectiveness of the Hisba regime in combating the flagrante delicto of the environmental crime - A comparative study of the Algerian legislation –

Confronting the flagrante delicto of the environmental crime requires a criminal policy different from that of dealing with an ordinary environmental crime; given the specificity of this type of crime; this is what the Islamic system achieved when it assigned to confront this type of crime to the Hi...

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Bibliographic Details
Main Author: hadj ahmed abdellah
Format: Article
Language:Arabic
Published: University of Tamanrasset 2020-01-01
Series:مجلة الاجتهاد للدراسات القانونية والاقتصادية
Subjects:
Online Access:https://alijtihed.cu-tamanrasset.dz/wp-content/uploads/2020/01/alijtihed-mag-024-art-030.pdf
Description
Summary:Confronting the flagrante delicto of the environmental crime requires a criminal policy different from that of dealing with an ordinary environmental crime; given the specificity of this type of crime; this is what the Islamic system achieved when it assigned to confront this type of crime to the Hisbah regime, where this regime is characterised by fast taking confrontational action, and flexibility in in signing of the discretionary punishment, which contributed to reduction in the interference of the judiciary to consider this type of crime, this is contrary to the current legislation, including the Algerian legislation, where the latter assigned to confront the flagrante delicto of the environmental crime to the judiciary, given its speed in taking action without the signing of criminal penalty; which the judicature monopolies the authenticity of its signature.
ISSN:2335-1039
2437-0754