New Penal Code: Enhanced Measures for Self-Defense, Privacy Protection, and National Security
✏️ BY: Dr. Hana Saada
Algiers- Algeria, May 7, 2024 – Long-awaited and extensively debated, the new version of the Algerian Penal Code was published on April 28 in the official journal, bringing several significant changes, including measures for electronic surveillance, enhanced self-defense provisions, and stricter penalties for privacy violations and breaches of national security.
Electronic Surveillance and Alternative Sentences
One of the notable additions to the penal code is the introduction of electronic surveillance as an alternative to imprisonment. Article 5 bis 7 empowers the judiciary to replace a prison sentence with electronic surveillance under specific conditions.
Electronic surveillance involves the convicted individual wearing an electronic bracelet throughout the duration of their sentence. This bracelet allows authorities to monitor their location, restricting them to the assigned area set by the parole judge. However, this provision is subject to strict conditions: the individual must not have previously violated the terms of electronic surveillance, the offense committed must carry a maximum penalty of five years imprisonment, and the sentence imposed must not exceed three years. Before pronouncing the sentence, the judge must inform the defendant of their right to accept or refuse electronic surveillance, with this decision noted on the judgment.
Another significant addition is the introduction of “community service.” Tribunals now have the authority to replace a prison sentence with community service, ranging from 40 to 600 hours, within a maximum period of eighteen months. This community service must be performed for the benefit of a public entity or a recognized charitable organization.
Enhanced Self-Defense Provisions
The new code introduces two additional cases of legitimate self-defense. The first case involves defending against an attack on one’s life or bodily integrity, or defending against burglary or intrusion into a habited property during the night. The second case involves defending against violent theft or looting.
National Security and Economic Protection
The disclosure of confidential information on social media is now equated with treason. Article 63 bis criminalizes the disclosure of confidential information related to national security, defense, or the economy via social media platforms. Algerian citizens found guilty of such acts face life imprisonment.
Provoking an unarmed assembly through the use of information technologies is also punishable under Article 100.
Public officials committing or ordering arbitrary or oppressive acts, whether against individual liberties or civil rights, face imprisonment ranging from five to ten years and fines ranging from 500,000 DA to 1,000,000 DA (Algerian dinars).
Article 148 bis 1 stipulates that anyone who insults or defames the symbols of the national liberation revolution faces imprisonment from three to five years and fines from 500,000 DA to 1,000,000 DA.
Other sanctions target disturbances to public order and damage to the image of security services, with heavy fines and imprisonment.
Beware of Illegal Immigration
Article 175 bis 1 addresses illegal exits from the national territory, punishing Algerian or foreign residents attempting to leave the country illegally with imprisonment ranging from one to three years and fines from 100,000 DA to 300,000 DA.
Enhanced Privacy Protection
The penal code imposes severe penalties for witchcraft and charlatanism under Article 303. Additionally, Article 333 addresses violations of privacy, with offenders facing imprisonment from one to five years and fines from 100,000 DA to 500,000 DA.
The law prohibits the capture or dissemination of others’ private information, whether images, videos, or electronic messages, without consent. Offenders face imprisonment from three to seven years for using someone else’s electronic photos to cause harm.
Another new provision addresses indecent behavior in public spaces, with offenders facing imprisonment from two to six months and fines from 50,000 DA to 100,000 DA.
In summary, the new Algerian Penal Code introduces stricter measures to safeguard national security, enhance privacy protection, and ensure compliance with the law.
Translated from:
About Dzair Tube Media Group
Dzair Tube has firmly established itself as a prominent player among Algerian digital news sites, offering a diverse and enriching content experience. The platform, available in Arabic, French, and English editions, captures the attention of a wide-ranging audience, amassing over half a million daily clicks.
A testament to its commitment to excellence, Dzair Tube received the prestigious President of the Republic’s Award for Professional Journalist in the Electronic Press category on October 22, 2022. This recognition underscores the platform’s unwavering dedication to upholding the highest standards of journalism.
With a significant online presence, Dzair Tube boasts 350,000 subscribers on YouTube, over five million followers on various Facebook pages, and 450,000 subscribers on Instagram. Its digital channel has become a hub for diverse programming, covering news, sports, entertainment, culture, and religion, catering to a broad spectrum of audience preferences.
Equipped with state-of-the-art studios and advanced technology, Dzair Tube’s digital channel has garnered substantial viewership for its varied programs. Hosting interactive discussions with influential figures across different domains, the platform actively fosters public discourse and engagement. Beyond news coverage, Dzair Tube extends its commitment to the production of marketing documentaries, short TV commercials, and high-viewership programs.
The success of the print edition of Dzair Tube’s sports newspaper, “Dzair Sport,” further highlights the platform’s impact, with over 50,000 daily downloads from the official Dzair Tube website.
Honored with the Media Leadership Award from the Minister of Communication, Mohamed Laâgab, Dzair Tube continues to shape the landscape of Algerian digital news, maintaining a position of influence and impact in the media industry.
