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Abstract

The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.

The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law or optional left to the judiciary. They are useful in dealing with dangerous criminals; it filled the gap created by the abolition or suspension of the death penalty.

The issue the security period was not raised before 1978, This was not prevented without tracing its roots as the product of intellectual interactions associated with punishment and its implementation. The focus in this research is on some of what was present by CESARE BECCARIA the pioneer of the traditional school, and the ideas of MARC ANCEL the founder of the new social defense school, and the latter was explicitly based on the Algerian legislation in the law regulating prisons issued in 2005.

The biggest challenge is the mechanisms of working in the security period effectively in the light of the multiplicity and diversity of regulation and guarantees and the varying conditions and capabilities of states the French experience remains the most profound and important.

The researcher was keen to provide that comprehensive picture of the security period that covered many aspects. During which he discussed many ideas and propositions. In addition, he came out with recommendations related in particular to the Algerian legislation, which deserves to be adopted if the security period is to implemented effectively.

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