جريمة التعدي على الأملاك الوقفية العقارية في التشريع الجزائري

الملخص EN

The crime of infringement for waqfestate properties is one of the most widespread crimes in Algeria.

To tackle with this crime, the legislator settled in article 36 of the wqaf law to granting criminal protection for these property from various infringements.

However, this article were not clear, which led to referred us on the Penal Code due to the waqf estate properties are a part from the real estate properties according the law 90/25, that containing the law of real estate properties guiding.

Nevertheless, this referral was not clear and correct due to the blurred of provision that should be applied to various infringements on waqf real estate properties.

As a result, this study concluded that the crime of infringement on Waqfestate properties from the point of view of waqf law will achieved when the act of infringement is combined with surreptitiously or fraud.

These latter ones should be considered as two elements to tighten up the penalties.

For this reason, the legislature should be reconsider the wording of the legal provisions which protect the waqfestate properties clearly.