CRIMINAL LIABILITY FOR CRIMES OF TRESPASSING ON STATE LANDS A STUDY IN LIGHT OF LAW No. 23-18 DATED NOVEMBER 28
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Abstract
The crime of trespassing on state lands, especially concerning illegal constructions, has become one of the serious issues facing the Algerian state in our current era. This is due to its significant impact on public order, particularly on newly developed elements such as the beauty and aesthetic appeal of cities. Additionally, state lands, being public property, play a crucial role in the stability and sovereignty of the state over its territories and in fulfilling its functions within society, thus achieving the public good while respecting the laws of the republic.
In response, the legislator adopted a deterrent approach to combat this phenomenon by enacting Law No. 23-18 dated November 28, 2023, concerning the protection and preservation of state lands. Through this law, the legislator introduced strict legal mechanisms aimed at preserving and protecting state lands.
This study addresses the criminal liability for crimes of trespassing on state lands, which requires the fulfillment of both objective and personal conditions that affect the perpetrator as a natural person. It also extends to those managing state lands, public officials, and includes anyone who knowingly contributes in any way to the illegal construction on state lands, such as connecting these buildings to road networks or other utility networks like gas, electricity, water, and telephone lines, etc. Furthermore, criminal liability extends to legal entities held accountable under the Penal Code. Thus, the Algerian legislator has comprehensively addressed any potential infringement on state lands, regardless of the perpetrator's status, by intensifying both the crime and the punishment.
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References
Primary Sources:
The Holy Qur'an:
a. Surah Fatir, verse 18.
b. Surah Al-Muddathir, verse 38.
Legislative Texts:
a. Law No. 24-06 dated April 28, 2024, amending and supplementing Ordinance No. 66-156 dated June 8, 1966, containing the Penal Code, Official Journal of the People's Democratic Republic of Algeria, No. 30, published on April 30, 2024.
b. Law No. 23-21 dated December 23, 2023, relating to Forestry and Forest Resources, Official Journal of the People's Democratic Republic of Algeria, No. 83, published on December 24, 2023.
c. Law No. 23-18 dated November 28, 2023, relating to the Protection of State Lands, Official Journal of the People's Democratic Republic of Algeria, No. 76, published on November 30, 2023.
d. Law No. 21-14 dated December 28, 2021, amending and supplementing Ordinance No. 66-156 dated June 8, 1966, containing the Penal Code, Official Journal of the People's Democratic Republic of Algeria, No. 99, published on December 29, 2021.
e. Law No. 08-16 dated August 3, 2008, relating to Agricultural Orientation, Official Journal of the People's Democratic Republic of Algeria, No. 46, published on August 10, 2008, p. 4.
f. Law No. 06-01 dated February 20, 2006, concerning the Prevention and Fight against Corruption, Official Journal of the People's Democratic Republic of Algeria, No. 14, published on March 8, 2006, amended and supplemented.
g. Law No. 06-03 dated July 15, 2006, concerning the General Basic Law for Civil Service, Official Journal of the People's Democratic Republic of Algeria, No. 46, published on July 16, 2006.
h. Law No. 06-23 dated December 20, 2006, amending and supplementing Ordinance No. 66-156 dated June 8, 1966, containing the Penal Code, Official Journal of the People's Democratic Republic of Algeria, No. 84, published on December 24, 2006.
i. Law No. 05-12 dated August 4, 2005, concerning Water, Official Journal of the People's Democratic Republic of Algeria, No. 60, published on September 4, 2005, amended and supplemented.
j. Law No. 04-15 dated November 10, 2004, amending and supplementing the Penal Code, Official Journal of the People's Democratic Republic of Algeria, No. 71, published on November 10, 2004.
k. Law No. 04-14 dated November 10, 2004, amending and supplementing the Code of Criminal Procedure, Official Journal of the People's Democratic Republic of Algeria, No. 71, published on November 10, 2004.
l. Law No. 03-10 dated July 19, 2003, relating to Environmental Protection within the Framework of Sustainable Development, Official Journal of the People's Democratic Republic of Algeria, No. 43, published on July 20, 2003.
m. Law No. 03-02 dated February 17, 2003, relating to General Rules for the Use and Exploitation of Tourist Beaches, Official Journal of the People's Democratic Republic of Algeria, No. 11, published on February 19, 2003.
n. Law No. 02-01 dated February 5, 2002, concerning Electricity and Gas Distribution by Pipelines, Official Journal of the People's Democratic Republic of Algeria, No. 8, published on February 6, 2002.
o. Law No. 01-04 dated August 20, 2001, concerning the Organization and Management of Public Economic Enterprises and Their Privatization, Official Journal of the People's Democratic Republic of Algeria, No. 47, published on August 22, 2001.
p. Law No. 98-04 dated June 15, 1998, concerning the Protection of Cultural Heritage, Official Journal of the People's Democratic Republic of Algeria, No. 44, published on June 22, 1998.
q. Law No. 90-25 dated November 18, 1990, establishing Agricultural Orientation, Official Journal of the People's Democratic Republic of Algeria, No. 49, published on November 18, 1990.
r. Law No. 88-01 dated January 12, 1988, concerning the Directive Law for Public Economic Enterprises, Official Journal of the People's Democratic Republic of Algeria, No. 2, published on January 13, 1988, amended and supplemented.
s. Law No. 82-04 dated February 13, 1982, amending and supplementing Ordinance No. 66-156 dated June 8, 1966, containing the Penal Code, Official Journal of the People's Democratic Republic of Algeria, No. 7, published on February 16, 1982.
B-Orders
a) Order No.: 08-01 dated February 28, 2008, amending Order No. 01-04, related to the organization, management, and privatization of public economic enterprises. Published in the Official Gazette No. 11, dated March 2, 2008.
b) Order No.: 01-04 dated August 20, 2001, related to the organization, management, and privatization of public economic enterprises. Published in the Official Gazette No. 62, dated October 24, 2001.
c) Order No.: 66-155 dated June 8, 1966, containing the Code of Criminal Procedure. Published in the Official Gazette No. 48, dated June 10, 1966, as amended and supplemented.
d) Order No.: 66-156 dated June 8, 1966, containing the Penal Code. Published in the Official Gazette No. 49, dated June 11, 1966, as amended and supplemented.
Regulatory Texts
A - Decrees
a) Decree No.: 96-87 dated February 24, 1996, specifying the establishment of the National Office for Agricultural Lands, as amended and supplemented by Decree No.: 09-339 dated October 22, 2009.
B - Executive Decrees
a) Executive Decree No.: 21-393 dated October 18, 2021, specifying the organization and powers of the external services of the General Directorate of National Properties. Published in the Official Gazette No. 80, dated October 20, 2021.
b) Executive Decree No.: 21-394 dated October 18, 2021, specifying the tasks, organization, and operation of the Inspectorate of State Property Services, Land Survey, and Property Conservation. Published in the Official Gazette No. 80, dated October 20, 2021.
c) Executive Decree No.: 01-101 dated April 21, 2001, establishing Algeria Water. Published in the Official Gazette No. 24, dated April 22, 2001.
References:
Books:
a) Ramadan Abu Saud, Explanation of the Introduction to Civil Law, General Theory of Rights, University Press, Alexandria, Arab Republic of Egypt, undated, 1999.
b) Futuh Abdullah Al-Shadhili and Abdul Qadir Al-Qahwaji, Explanation of the Penal Code, General Theory of Crime, Responsibility, and Penalty, University of Alexandria, Arab Republic of Egypt, 1997.
c) Ahsen Bousqi'a, The Compendium of General Penal Law, 2nd edition, 2004, p. 216.