Criterion for filing a public lawsuit in environmental crimes under Algerian legislation

Abstract

The study aims to explain the system for filing public lawsuits in environmental cases, while reviewing the most prominent alternatives that can be adopted in confronting environmental crimes that would contribute to reducing environmental damage, by employing the descriptive and analytical approach in studying this topic, as it is a scientific method. It is based on a review of the procedures contained in the issue of filing a public lawsuit in environmental crimes. It becomes clear that adopting a traditional criminal policy that prevails over the subsequent deterrent nature of committing an environmental crime prevents the possibility of achieving the desired goal of criminal prosecution. The legislator’s inclusion of environmental crimes into misdemeanors and violations is considered a deficiency and does not take their severe impact and wide scope into consideration in criminalizing environmental damage, which confirms the necessity of reviewing the legislative texts related to criminalizing environmental damage on the one hand, and benefiting from the activities of environmental associations and strengthening their role in resorting to the judiciary in Environmental matters.