The Role of the Controlled Delivery System in Combating Drug and Psychotropic Substance Crimes and Illicit Trafficking under Law 23-05: A Critical Legal Analysis

Resumen

This study critically analyses the controlled delivery mechanism under Algerian Law 23-05, examining its effectiveness in combating transnational drug trafficking while safeguarding constitutional rights. Through doctrinal, comparative, and policy analysis, the research assesses how international treaty obligations have been transposed into Algerian domestic law and identifies significant implementation gaps. The analysis reveals that while controlled delivery represents a necessary evolution from interdiction to intelligence-gathering, its efficacy is constrained by fragmented legislation, inadequate procedural safeguards, and deficient inter-agency coordination. Comparative examination with French, Italian, UK, and US frameworks exposes deficiencies in judicial oversight, modality authorisation, and human rights protections. Multi-dimensional obstacles—including limited bilateral treaties, jurisdictional conflicts, capacity deficits, and financial constraints—further impede operations. The study finds that Algerian practice lacks explicit authorisation for clean and partial deliveries, meaningful judicial supervision, and proportionality assessment frameworks. These shortcomings create legal uncertainty and potential rights violations. The article proposes comprehensive reforms: unified legislation establishing judicial warrant requirements, creation of a Central Narcotics Intelligence Bureau, enhanced bilateral cooperation mechanisms, and sustainable asset-recovery funding. These recommendations aim to harmonise Algerian practice with international standards while preserving fundamental rights. The research contributes original insights to North African criminal procedure scholarship and offers actionable policy solutions.