الحماية الجزائية للعلم و النشيد الوطنيين أثناء المباريات الرياضية

الملخص EN

The national flag and the national anthem are symbols of national sovereignty، and given their great moral and symbolic sacred value، the Algerian legislator has defined them and devoted them in all successive constitutions and made them one of the constants of the nation and gave them protection from their exploitation or monopoly، according to the constitution، so the national flag and the national anthem The gains of the revolution of the first of November 1954، and they are not subject to change.

"However، the constitutional protection is not sufficient، and the legislator had to support it with criminal protection.

As for the national flag، the legislator protected it through the text of Article 160 bis of the Penal Code from every act that affects it، whether by distinction.

S defame or defilement as insulting the foreign national flag was protected، especially in sports forums through the text of Article 241 of Law 05/13 of 2013 which includes physical and sports activities and their development.

As for the national anthem، it was criminalized to offend him through Law 7/99 related to the Mujahid and the martyr and Law 86/06 related to the national anthem.

In addition to that، he made an attack on the national flag or the national anthem with the aim of targeting the state’s security، national unity، and territorial integrity within the terrorist crimes that Punished as an aggravating circumstance for ordinary crimes.