THE CRIME OF ENDANGERING OTHERS IN ALGERIAN PENAL LAW
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Abstract
The Algerian legislator, following the example of several legal systems, has criminalized the act of endangering others within the Penal Code. This offense, introduced by the French legislator in the new French Penal Code, arises from the belief that it is essential to protect individuals not only from harm to their life and body but also from potential dangers. This principle has gained increasing relevance in the context of the rapid development of human life and the rising dangers that accompany it. The global COVID-19 pandemic exemplifies such risks, prompting the Algerian legislator to introduce Article 290 Bis into the Penal Code in 2020. This provision aligns with contemporary trends in criminal policy that emphasize preventive criminalization. It criminalizes the intentional violation of safety rules, irrespective of whether harm has materialized, provided that these rules are codified. The law further stipulates specific circumstances under which the offense leads to enhanced penalties and extends liability to legal entities.
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References
1.Legal Texts:
- Order No. 66-156, dated June 8, 1966, containing the Penal Code, amended.
- French penal code.
- UAE penal code.
Cases
- French Cass. crim., May 10, 2000, No. 99-80784.
- French Cass. crim., September 27, 2000, No. 00-81.635.
- French Cass. crim., February 16, 1999, No. 97-86.290.
- French Cass. crim., March 9, 1999, No. 98-82.269.
Books
- Abd al-Fattah Mustafa Al-Sifi, The Special Part of the Penal Code, Mansha'at al-Ma'arif, Alexandria, 2000.
- Ahmed Fathi Sorour, "The Mediator in Criminal Law," Unpublished Edition, Publisher Unknown, Cairo, 1991.
Theses
- Abdelhamid al-Jabouri, Objective Criminal Policy of Prevention, PhD Thesis, University of Babylon, Iraq, 2016.
- Moataz Hamdallah Abu Suwailem, Criminal Responsibility for Potential Crimes, Master's Thesis, Faculty of Law, Middle East University, 2014.
- Bousafsaf Khaled, Legal Mechanisms for Preventing Major Natural and Technological Hazards and Disaster Management in Algeria, PhD Thesis, University of Mohamed Lamine Debaghine, 2019.
Journal Articles
- Hassan Khinjar Ajil Sadik, Youssef Khalaf, 'Exposure of Others to Danger in the Iraqi Penal Code', Al-Muhaqqiq al-Hilli Journal of Legal and Political Sciences, Issue 1, Volume 12, Iraq (2020).
- Ali Hamza Asal al-Khafaji, Saad Saleh Mahdi al-Ziyadi, 'Criminal Responsibility for Exposing Others to the Danger of AIDS Transmission', Al-Kufa Journal, Issue 22, Volume 1, Kufa (2015).
- Rasim Masir, 'Criminal Dangerousness and Ways to Address It', Al-Yarmouk University Journal, Issue 1 (2013).
- Adam Simian Dhiab al-Azizi, 'Special Descriptions of Early Completion Crimes', Tikrit University Journal of Law, Year 2, Volume 2, Issue 2, Part 1, December (2017).
- Somati Charifa, 'Preventive Criminalization in Contemporary Criminal Policy', Voice of Law Journal, Volume 6, Issue 2 (November 2019).
- Liratni Fatima Zahra and Sufian Tasri, 'Preventive Criminalization of the Random Firing of Ammunition During Celebrations', Journal of Legal and Political Research, Volume 8, Issue 3 (December 2023).
Official Publications
- World Health Organization, International Health Regulations, 3rd Edition ,France,2016.