The offence of adultery

The family is one of the most important social institutions in Algeria; the values it upholds are essential to social cohesion and play a driving role in Algerian society.

Accordingly, the legislation is uncompromising against any act that may undermine family and religious values.

It is in this context that the Algerian Penal Code criminalizes adultery, considered a serious offense against public morals and family order. Article 339 clearly provides that:

Any married woman convicted of adultery shall be punished by imprisonment for a period of one (1) to two (2) years. Anyone who commits adultery with a woman knowing her to be married shall be punished by the same penalty. Any married man convicted of adultery shall be punished by imprisonment for one (1) to two (2) years; the female co-perpetrator shall be punished by the same penalty, without prejudice to the provisions of the preceding paragraph. Prosecution is initiated only upon the complaint of the offended spouse. The forgiveness of the offended spouse terminates the prosecution.

This punitive framework aims to preserve the legitimate marital bond, as defined in the Family Code (Article 4), and to protect the family unit from moral offenses that could lead to its disintegration. It is a private offense, where prosecution is conditional upon the complaint of the aggrieved spouse, a prerequisite for the admissibility of the public action.

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