ALGÉRIE/ POLITIQUE : Est-ce que le tribunal de Sidi M’hamed est-il habilité à convoquer Ouyahia et Loukal?
C’est une première dans l’histoire de l’Algérie indépendante. L’ex-Premier ministre Ahmed Ouyahia et le ministre actuel des Finances Mohamed Loukal ont été convoqués par le tribunal de Sidi M’hamed. Cependant, ce tribunal est-il habilité à convoquer un ministre en exercice et ex-Premier ministre qui a quitté le gouvernement il y a juste 40 jours ?
Selon les Articles 573 et 574 modifiés du Code des procédures pénales, relatifs aux crimes et délits commis par des membres du gouvernement, magistrats et certains fonctionnaires, ce n’est pas un simple tribunal qui devrait convoquer Ouyahia et Loukal.
En effet, l’article 573 (modifié) stipule que « lorsqu’un membre du Gouvernement, un magistrat de la Cour suprême, un wali, un président de la cour ou un procureur général près une cour, est susceptible d’être inculpé d’un crime ou d’un délit commis dans l’exercice ou par l’exercice de ses fonctions, le procureur de la République saisi de l’affaire, transmet le dossier, par voie hiérarchique, au procureur général près la cour suprême qui désigne un membre de la Cour suprême aux fins de procéder à une information. »
« Dans tous les cas visés au présent article, le magistrat ainsi désigné pour instruire, procède dans les formes et conditions prévues par le code de procédure pénale, pour l’instruction préparatoire des infractions, sous réserve des dispositions de l’article 574 ».
L’article 574 (modifié) stipule, quant à lui, que « lorsque l’instruction est terminée, le magistrat instructeur rend, suivant le cas, une ordonnance de non lieu ou transmet le dossier dans les conditions ci-après :
1) Dans le cas d’un délit, l’inculpé est renvoyé devant la juridiction compétente, à l’exception de celle dans le ressort de laquelle l’inculpé exerçait ses missions.
2) Dans le cas d’un crime, le dossier est transmis au procureur général près la Cour suprême, lequel saisit la formation de la Cour suprême […], pour la finalisation de l’information. Cette dernière peut soit rendre un arrêt de non-lieu, soit renvoyer l’inculpé devant la juridiction compétente, à l’exception de celle dans le ressort de laquelle l’inculpé exerçait ses missions ».
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