Fraud in Algeria
- Ounissa MOHDEB, Juriste généraliste
- Apr 3
- 2 min read
According to Algerian legislation, fraud consists of the fraudulent appropriation of property, a right, or an advantage belonging to another person by deceiving the victim through fraudulent maneuvers, false representations, or the abuse of a genuine status. The ultimate aim of this offense is the unlawful enrichment of the perpetrator at the expense of the victim, by exploiting their trust or credulity.
This offense is characterized by three essential elements:
The use of fraudulent maneuvers (material element): This is manifested through the use of false identities, forged documents, the staging of fictitious events, or any other scheme designed to deceive the victim.
Fraudulent intent (moral element): This demonstrates that the perpetrator acted with full knowledge and intent to deceive in order to obtain an unlawful advantage.
Harm (the dispossession of property or a right): This results from the deception and leads to financial or material loss for the victim.
Criminal Penalties
In accordance with Article 372 of the Algerian Penal Code, fraud is punishable by imprisonment ranging from one to five years and a fine of 500 to 20,000 Algerian Dinars (DA). The article states:
"Any person who, either by using a false name or false status, or by employing fraudulent maneuvers to persuade others of the existence of fictitious enterprises, imaginary power or credit, or to create hope or fear regarding success, an accident, or any other illusory event, obtains or attempts to obtain the delivery of funds, movable property, obligations, deeds, promissory notes, receipts, or releases, and through any of these means defrauds or attempts to defraud another person of all or part of their fortune, shall be punished by imprisonment for a minimum of one year and a maximum of five years, and a fine ranging from 500 to 20,000 DA.
If the offense is committed by a person who has solicited the public for the issuance of shares, bonds, securities, or any other titles related to a company, commercial, or industrial enterprise, the imprisonment may be increased to ten years, and the fine may be increased to 200,000 DA…"
