خصوصٌة إجراءات المتابعة فًي الجرائم الماسة بالاسرة فًي التشرٌيع الجزائري
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Date
2025
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة المسيلة
Abstract
Through our study and analysis of the penal texts related to crimes against families as
stated in the Penal Code and the Code of Criminal Procedure, and our survey of the
rulings and judicial decisions of the Supreme Court, the Algerian legislator has sought
to protect the family entity from any aggression that leads to its disintegration and
dissolution. The family bond is considered an important and essential factor in
criminalization and punishment.
This specifically pertains to crimes related to the marital bond, represented in the
crimes of abandoning the family home and adultery as stipulated in Articles 330 and 339
of the Penal Code, where prosecution is contingent upon a complaint from the aggrieved
party, and this latter can be terminated by waiving it and by applying the mechanisms
of mediation and pardon.
Regarding crimes against children, the crimes of failing to deliver a custodial child and
failing to pay alimony are specified in Articles 329 and 331 of the Penal Code, where the
former is contingent upon a complaint and ends with a waiver. As for the crime of
failing to pay alimony, its peculiarity lies in the territorial jurisdiction, which is the
residence of the person obligated to receive the alimony, and prosecution ends with
mediation or pardon.
As for financial crimes such as theft among relatives and spouses, fraud, breach of trust,
and concealing stolen property, the public prosecution is contingent upon a complaint
submitted by the aggrieved party as stipulated in Articles 368, 369, 373, and 377
respectively, and waiving in these cases puts an end to the prosecution.
As for the crimes of usurping the inheritance and the wife's property in the articles
of the Penal Code, the Algerian legislator has specified mediation or pardon to end the
dispute.