HEARING A CHILD VICTIM OF SEXUAL ASSAULT CRIMES ACCORDING TO LAW NO. 15-12 CONCERNING THE PROTECTION OF THE CHILD

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CHERFEDDINE WARDA, MOKRANI NOURREDINE2

Abstract

Article 46 of Law No. 15-12 concerning Child Protection, issued on July 15, 2015, establishes the procedure of audiovisual recording for child victims of sexual assault in Algerian law. This mechanism addresses the challenges of collecting evidence and protecting a child's well-being in such cases.

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References

. Sources :

A. Laws and Decrees

Law No. 04-15 dated November 10, 2004, amending and supplementing Decree No. 66-156 dated June 8, 1966, containing the Penal Code, Official Gazette of the Algerian Republic, No. 71, issued on November 10, 2004.

Law No. 15-12, dated July 15, 2015, relating to the Protection of the Child, Official Gazette of the Algerian Republic, No. 39, issued on July 19, 2015.

Decree No. 75-47 dated June 17, 1975, amending Decree No. 66-156 dated June 8, 1966, containing the Penal Code, Official Gazette of the Algerian Republic, No. 53.

II. References :

A. Books

Ahmed Bousguieaa, The Concise Handbook of Special Criminal Law, Part One, 17th Edition, Dar Houma, Algeria, 2014.

Mohamed Hamid Al-Raisafan Al-Ayadi: Children's Rights in Positive Legislation and International Covenants "A Comparative Study", Dar Wael Publishing, Amman, 2013, First Edition, p. 17.

Mohamed Lamine Al bachiri, Victimology and its Applications in Arab Countries, Center for Studies and Research, Naif Arab University for Security Sciences, 1st Edition, Riyadh, 2005.

Mounira bint Abdel Rahman Al Saud, Child Abuse, Its Types, Causes and Characteristics of Those Exposed to It, Naif Arab University for Security Sciences, 1st Edition, Riyadh, 2005.

Madiha Ahmed Abbada, Khalid Kazim Abou Douh, The Social Dimensions of Harassment in Daily Life, A Field Study in Sohag Governorate, Arab Civilization Center for Media, Publishing and Studies, Egypt: 2007.

B. University Theses

• Hamou Ben Ibrahim Fekhar, The Criminal Protection of the Child in Algerian Legislation and Comparative Law, PhD Thesis, Specialization in Criminal Law, Mohamed Kheider University of Biskra: Algeria, Faculty of Law and Political Sciences, Algeria, 2014/2015.

C. Articles in the Fields

Amal Al-Ayouch, "Sexual Assaults on Children, Intervention Methods and Psychological Care", Sociological Journal, Amar Thliji University, Laghouat: Algeria, Volume 2, Issue 01, 2018.

Boucida Amhamed, "International and National Standards for Hearing Child Victims of Crime", Contributions to Law Journal, Mohamed Seddik Ben Yahia University, Faculty of Law and Political Sciences, Deep Legal Studies Laboratory, Jijel: Algeria Volume 03, Issue 01, the Year 2023.

Ben Yitou Salima and Louchene Dalal, "The Crime of Sexual Harassment of Children in Algerian and Tunisian Legislation", Journal of the Professor Researcher for Legal and Political Studies, Mohamed Boudiaf University, Faculty of Law and Political Sciences, Mssila: Algeria, Volume 05, Issue 02, December 2020.

Hamas Hadiyat, "Audiovisual Recording as a New Procedure for Investigating Children Victims of Certain Crimes", The Mediterranean Journal of Law and Economics, The Mediterranean Laboratory for Legal Studies, Abou Bekr Belkaid University, Tlemcen: Algeria, Issue 03, 2017.

Abdel Kader Al-Arabi Shaht, "Modern Techniques for Hearing Statements of Minor Children Victims of Sexual Assaults by the Judicial Police", Algerian Journal of Law, Economics, and Politics, Faculty of Law and Administrative Sciences, Ben Aknoun: Algeria, Volume 38, Issue 02, June 2001.

D. Articles in Meetings and Seminars

Zouaoui Abbas and Khair Eddine Dalal, "The Legal Framework for the Child in Need of Protection, According to Law 15-12 on the Protection of the Child", Paper presented at the study day entitled: Algeria's International Commitments and Their Reflections on Algerian Legislation in the Field of Child Protection Mohamed Kheider University of Biskra, Faculty of Law and Political Sciences, Algeria, February 27, 2017.

E. Unpublished Lectures

Cherfeddine Warda, Lectures in the Child Protection Law Course, Lectures given to second-year students specializing in Family Law, Mohamed Kheider University of Biskra, Faculty of Law and Political Sciences, 2023-2024.

F. Websites

Penal Code through the website: https://wipolex-res.wipo.int/edocs/lexdocs/laws/ar/dz/dz027ar.pdf, dated 18/01/2024, time: 23:00 .

Convention on the Rights of the Child of 1989, United Nations website, through the website: https://www.ohchr.org/ar/instruments-mechanisms/instruments/convention-rights-child, dated 20/01/2024, time: 15:00