Selected Provisions from the Penal Code

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  • Year:
  • Country: Algeria
  • Language: English
  • Document Type: Domestic Law or Regulation
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Article (6):
Collateral penalties shall involve legal limitation of competence and denial of national rights
and they are exclusiv ely related to the punishment for a crime.

Article 9: [Law No. 05- 89 of April 25
th 1989] Supplementary penalties shall include:
1 . Confinement;
2 . Prohibition of stay;
3 . Prohibition from exercising certain rights;
4 . Partial confiscation of funds;
5 . Dissolution of the legal personality, and
6 . Publication of the verdict.

Article 15: [order No. 47 -75 of June 17
th 1975] Confiscation is the ultimate devolution of funds or a specific group of funds to the State.
Such funds shall not become subject to confiscation thereafter.
1- (Law No. 15 -90 of July 14
th 1990) The dwelling of the spouse, the ascendants and the
descendants of the first degree of the convict, in case they have been already
residing in this place upon finding out about the infringement and provided that
such dwelling hadn't been acquired illegally.
2 – (order 47 -75 of June 17
th 1975) The funds indicated in paragraphs 2, 3, 4, 5, 6, 7 and
8 of article 378 of the Code of Civil Procedure.
3 – The necessary income for the livelihoods of the spouse and the convict's children as
well as the assets of those who live under the convict's guardianship.

In case of sentencing in a felony, the Court may rule the confiscation of the items
used or were intended to be used in committing the crime or these resulting
therefrom as well as the gains and profits awarded to the perpetrator all while
retaining the rights of others with good intent.

It shall not be allowed to confiscate the above mentioned items when ruling in an
offense or infringement unless the Law expressly indicates otherwise.

A rticle (15 bis):
(Law No. 15- 90 of July 14
th 1990)
In case of sentencing in one of the crimes indicated herein in articles 119, 162, 172, 173,
175, 382, 422 bis and 426 bis, the sentencing body may order confiscation as per the
conditions indicated herei n in article 13, paragraph 3 above.

Article 25:
It shall be allowed to order the confiscation of the seized items as a security precaution in
case such items' manufacturing, usage, carrying, possession or sale is a crime in itself.
However, ordering th e return of such items for others with good intent may be allowed.

Article (31):
Attempting to commit an offense shall not be penalized unless by an explicit provision in the
Attempting to commit an infringement shall not be penalized at all.

Ar ticle 87 bis: (order No. 11- 95 of Feb. 25
th 1995):
Acts of terrorism or sabotage are, in the concept of this order, every act that targets the
security of the State, national unity, the integrity of the country's soil, stability of institutions
and normal functioning by any activity that is sought to:
– Spread horror among the population and create a sense of insecurity by physical or
moral assault against individuals or expose their lives, freedom or safety to danger
or attack properties.
– Block traffic or the freedom of movement, congregate in roads or sit -in public
– Attack the icons of the nation and the Republic, exhume or desecrate graves.

– Carry assault against the transportation means, public or private properties, and
assume possession withou t legal justification.
– Carry assault against the ocean, introduce substances or leak them through the air
or soil or dump such in the territorial waters to the detriment of the people's health,
animals or natural environment.
– Impede the work of the public authorities, the freedom of worship, public liberties
and the operations of the supporting institutions of the public utility.
– Impede the work of the public institutions, assault on the lives of employees or their
properties or impede the enforcement of laws and regulations.

Article 144:
(Law No. 09- 01 of June 26
th 2001):
Whoever insults a judge, a public employee, an officer, a leader or any of the law
enforcement personnel either by word, gesture, threatening or by sending, handing over
anything to them or by implied writings or drawings while performing their job or because of
it with the intention of violating their honor, self -esteem or the due respect to their
authority, shall be punished with imprisonment for two months to two years and shall be
fined with 1000 to 500,000 dinar or by one of these two penalties.

The imprisonment shall be from one to two years if the insult directed to a judge or a juror
or more has taken place during a court hearing or in a judicial setting.

The judiciary may, in all cases order the publication of the verdict and its conditions at the
expense of the convict provided that such expenses don't exceed the maximum fine
indicated above.

Article 144 bis:
(Law No. 09- 01 of June 26
th 2001)
Whoever insults the Presid ent of the Republic by words implying degradation or libel either
in writing, drawing or expression or in any other form of audio or visual demonstration or
through any electronic, internet or media means shall be imprisoned for three (3) to twelve
(12) mo nths and fined from 50,000 dinars to 250 dinars or with one of these two penalties.

The General Prosecution shall initiate the litigation procedures spontaneously.

In case of recurrence, the imprisonment and fine stated above shall be doubled.

Article 144 bis 1:
(Law No. 09- 01 of June 26
th 2001)
Upon committing the crime indicated in article 144 bis by a daily, weekly or monthly
publication, the litigation procedures shall be brought up against the perpetrator and those
in charge of the publication, its editors and the publication itself.

In such case, the perpetrator may be sentenced to three (3) to twelve (12) months and fined
with 50,000 to 250,000 dinars or by one of them while the publication shall be fined with
500,000 to 2,500,000 dinars.
The General Prosecution shall initiate the litigation procedures spontaneously.
In case of recurrence, the imprisonment and fine stated above shall be doubled.

Article 144 bis 2:
(Law No. 09- 01 of June 26
th 2001)
Whoever insults Prophet Mohammed (Peace Be Upon Him) or the rest of the prophets, or
ridiculed the basics of the religion or any of the Islamic rituals either in writing, drawing,
expression or any other method.
The General Prosecution shall initiate the litigation procedures spontaneously.

Art icle 145:
When a person reports to the authorities about a crime with prior knowledge that such
crime hasn't been committed or when such person offers false evidence related to a fak e
crime or confesses to a crime which hasn't been committed by him or he hasn't been
involved in committing, such act shall be deemed an insult and shall be penalized thereof.

Article 146:
(Law No. 09- 01 of June 26
th 2001)
The penalties indicated in the two articles above shall also apply in the case of insult or libel
di rected through any of the means indicated in articles 144 bis and 144 bis 1 towards the
Parliament or one of its chambers, the judicial councils, the courts, the national army or any
other public entity.
In case of recurrence, the imprisonment and fine pen alties shall be doubled.


Article 147:
The following acts expose their perpetrators to the penalties stated in paragraphs 1 and 3 of
article 144: 1- Acts, sayings and public writings that are intended to influence the rules of the
judges in case of unsettl ed claims.
2 – Acts, sayings and public writings that are intended to underestimate the judicial
verdicts downgrading the power of judiciary or its independence.

Article 148:
(Law No. 26-88 of July 12
th 1988)
Whoever turns violent or attacks with force on e of the judges, employees, leaders, law
enforcement personnel or public officers while exercising their job or because of exercising
it shall be punished with two to five year imprisonment.
If such violence resulted in shedding blood, injuring or illness or with premeditation either
against a judge, a juror or a judicial council then the penalty shall be temporary
imprisonment for five to ten years.

And in case such violence resulted in the deformation or amputation of a limb, disability,
losing eyesigh t or the sight in one eye or any other permanent disability, the penalty shall be
temporary imprisonment for ten to twenty years.

In case violence lead to premeditated murder, the perpetrator shall be executed.
The perpetrator sentenced to prison may be deprived of the rights indicated in article 14 of
this law for minimally one year and maximally five starting on the day of the penalty
enforcement and may also be given a rule of prohibition of stay from two to five years.