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Violence Against Women

  • Ounissa MOHDEB, Juriste généraliste
  • Apr 3
  • 2 min read


What Does Algerian Legislation Say About Violence Against Women


Law No. 15-19 of December 30, 2015, strengthened the Algerian Penal Code by enhancing the protection against all forms of violence towards women, criminalizing domestic assaults, harassment, and all forms of abuse.


It also provides protective measures for victims, such as the removal of the perpetrator and legal remedies to ensure their safety.


Sanctions for Perpetrators


Domestic violence is punishable by up to 20 years in prison, and in cases where the victim dies, the perpetrator faces life imprisonment. Aggravated sentences are provided under the law if the assault is committed in the presence of children or if the perpetrator is a close relative.

Article 266 bis of the Penal Code states as follows :


"Whoever intentionally causes injuries or strikes their spouse is punished as follows:


  1. Imprisonment for one (1) to three (3) years if the injuries or blows did not result in total incapacity to work for more than fifteen (15) days;

  2. Imprisonment for two (2) to five (5) years if the injuries or blows resulted in total incapacity to work for more than fifteen (15) days;

  3. Imprisonment for ten (10) to twenty (20) years if the injuries or blows resulted in mutilation, amputation, loss of the use of a limb, blindness, loss of an eye, or other permanent disabilities;

  4. Life imprisonment if the injuries or blows resulted in death without the intent to kill.


The perpetrator cannot benefit from mitigating circumstances if the victim is pregnant or disabled, or if the offense was committed in the presence of minor children or under the threat of a weapon.

In cases referred to in (1) and (2), the victim’s forgiveness terminates the criminal prosecution.

In the case referred to in (3), if the victim forgives, the penalty is five (5) to ten (10) years of imprisonment."


Other penalties are also outlined in Article 266 bis 1 of the Algerian Penal Code :


"Whoever commits any form of physical abuse, or repeated verbal or psychological violence against their spouse, putting the victim in a situation that harms their dignity or physical or mental integrity, shall be punished with imprisonment for one (1) to three (3) years.


The state of domestic violence can be proven by any means.


The offense is established, whether the perpetrator resides with the victim or not.


The offense is also established if the violence is committed by an ex-spouse and it is proven that the violence relates to the previous marriage.


The perpetrator cannot benefit from mitigating circumstances if the victim is pregnant or disabled, or if the offense was committed in the presence of minor children or under the threat of a weapon.


The victim’s forgiveness terminates the criminal prosecution."


 
 
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