the offence of theft
- Ounissa MOHDEB, Juriste généraliste
- May 28
- 2 min read
Theft is a universally condemned offence that continues to be a constant concern for modern legal systems, both due to its frequency and the harm it causes to public order. This offence highlights the absolute necessity, for any organized society, of ensuring effective legal protection of private property in order to guarantee the safety of both property and individuals.
From the perspective of Algerian legislation, Article 350 of the Penal Code defines the offence of theft in the following terms: "Anyone who fraudulently takes something that does not belong to them is guilty of theft..."
With regard to criminal penalties, the same article provides for: "imprisonment from one (1) to five (5) years and a fine ranging from one hundred thousand (100,000) DA to five hundred thousand (500,000) DA."
The Penal Code also provides, under Article 351, for life imprisonment “for individuals guilty of theft, if the thieves or one of them were carrying a visible or concealed weapon, even if the theft was committed by a single person and in the absence of any other aggravating circumstance.”
Nevertheless, it should be noted that Algerian criminal law establishes a specific legal regime when theft is committed within the family sphere. This regime is set out in Article 368 of the Penal Code:
“Are not punishable and may only give rise to civil compensation the acts of appropriation committed:
1- by ascendants to the detriment of their children or other descendants;
2- by descendants to the detriment of their ascendants;3- by one spouse to the detriment of the other spouse.”
The latter is based on a desire to preserve the family balance by avoiding the intervention of the justice system in situations that rather fall within the private sphere. Moreover, it aims to safeguard family unity and to prevent legal proceedings from irreparably damaging intra-family relationships.
