Courts, land and rights
Criminal records in Algeria: the casier judiciaire, its three bulletins and rehabilitation
Short answer
- Law
- Loi n° 18-06 du 10 juin 2018 modifiant le code de procédure pénale 1
- Published in
- Journal Officiel n° 34 of 10 June 2018 1
- Central service
- Service central du casier judiciaire, Ministry of Justice, headed by a magistrate 1
- Bulletin n° 3
- Issued only to the person concerned, on proof of identity 1
- First-offender threshold
- Suspended prison of six months or less and/or a fine of DA 50,000 or less 1
- Rehabilitation by right
- After three to fifteen years 1
Who keeps the records
Under article 618 as rewritten, the greffe (clerk's office) of each Cour (court of appeal) receives the record cards of people born in its area 1. Article 620 sets up a service central du casier judiciaire (central criminal records service) at the Ministry of Justice, headed by a magistrate 1. It keeps the records of all people born outside Algeria, whatever their nationality 1.
Each conviction or penal order listed in article 618 leads to a bulletin n° 1 (record card), signed by the clerk and endorsed by the prosecutor 1. Cards cover final convictions, including suspended ones, unopposed penal orders, expulsion orders against foreigners and penal orders for fixed fines 1.
The three bulletins
Where there is no conviction, the bulletin carries the word néant (none) 1.
| Bulletin | What it contains | Who may obtain it |
|---|---|---|
| N° 1 1 | The individual record card for each decision 1 | Kept by the clerk or the central service, not issued as such 1 |
| N° 2 1 | The full statement of all n° 1 cards on one person (article 630) 1 | Magistrates and authorities listed in the code 1 |
| N° 3 1 | Prison sentences for crimes or délits not erased by rehabilitation and not suspended (article 632) 1 | Only the person concerned, on proof of identity (article 633) 1 |
Limits on what appears
For people with no previous record, sentences of six months' suspended prison or less, and/or a fine of DA 50,000 or less, appear only on bulletin n° 2 issued to magistrates 1. Fines of DA 50,000 or less are left off bulletin n° 2 once paid 1. Cards are removed and destroyed on the death of the holder or when an amnesty has erased the conviction (article 628) 1.
Article 675 bis states that record entries may in no way bar the exercise of a social or economic activity, or work in private companies, except where a law provides otherwise 1.
Records of companies and other registers
The law keeps a casier judiciaire des personnes morales (criminal record of legal persons) at the Ministry of Justice (article 646) 1. The card names the company, its seat, its legal form, its statistical and/or tax identification number, the facts, the penalty and the legal representative at the time 1. Under article 654 the extract is issued to prosecutors, magistrates, the ministers of the interior, finance and commerce, and public bodies handling public tender bids 1. The legal representative may obtain it too 1.
The same law keeps a record of traffic offences and a record of alcoholism and narcotics offences 1. The narcotics bulletin is issued only to the person, magistrates and the ministers of defence and the interior 1.
Rehabilitation by right
Article 677 grants rehabilitation by right to a natural person convicted of a délit or contravention who has had no new prison sentence or heavier penalty within these periods 1.
| Sentence | Waiting period |
|---|---|
| Fine only 1 | Three years from payment 1 |
| Community service 1 | Four years from the end of the sentence 1 |
| Prison of one year or less 1 | Six years 1 |
| Prison of two years or less 1 | Eight years 1 |
| Prison of five years or less, or several totalling three years or less 1 | Twelve years 1 |
| Prison over five years, or several totalling five years or less 1 | Fifteen years 1 |
Criminal records in register files
Records matter for trade registers. In Algeria, forging a trade register extract carries six months to one year in prison and a fine of DA 100,000 to 1,000,000 under law 04-08 5. In Libya, an individual seeking a commercial agency permit must file a shahadat al-khuluw min al-sawabiq (certificate of no previous convictions) 2. Mauritania's Commercial Code punishes trading in breach of a ban with twenty days to two months in prison and a fine of 50,000 to 300,000 ouguiya, or one of the two 4. In Morocco, processing offence data without express consent carries six months to two years and/or DH 50,000 to 300,000 under law 09-08 3.
Common questions
Who can get a bulletin n° 3 in Algeria?
Only the person concerned, on proof of identity 1.
Where are criminal records kept for people born abroad?
At the central criminal records service of the Ministry of Justice 1.
Do small fines appear on an Algerian criminal record?
For first offenders, fines of DA 50,000 or less leave bulletin n° 2 once paid 1.
When is rehabilitation automatic in Algeria?
After three to fifteen years without a new conviction, depending on the sentence 1.
Can a company's criminal record be checked in Algeria?
Ministers and public bodies handling tenders may obtain it, as may its legal representative 1.
Rules and fees change. Check the official source linked on this page before you act on it. Spotted an error? Email hello@maghrebregisters.com.
Sources
- Journal Officiel de la République Algérienne: N° 34, lois n° 18-06 et n° 18-07 du 10 juin 2018 (Official Journal No. 34, laws 18-06 and 18-07) (10 June 2018)
- Wizarat al-Iqtisad wa al-Tijara, Libya: Mustanadat al-wakalat al-tijariya (Documents for commercial agencies)
- Ministère de la Justice, Maroc (portail Adala): Dahir n° 1-09-15 du 18 février 2009 portant promulgation de la loi n° 09-08 relative à la protection des personnes physiques à l'égard du traitement des données à caractère personnel (Law 09-08 on the protection of individuals in the processing of personal data)
- WIPO Lex: Loi n° 2000-05 du 18 janvier 2000 portant Code de commerce, modifiée par la loi n° 2015-32 du 10 septembre 2015 (Law 2000-05 on the Commercial Code, as amended by law 2015-32), Mauritania
- Journal Officiel de la République Algérienne: N° 52, loi n° 04-08 du 14 août 2004 relative aux conditions d'exercice des activités commerciales (Official Journal No. 52, law 04-08 on the conditions for carrying on commercial activities) (18 August 2004)
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