الحماية الجنائية للآثار من التنقيب دون ترخيص : دراسة فقهية قانونية مقارنة

الملخص EN

The research deals with the crime of Unauthorized prospecting of antiquities, This prospecting and the impact it would have on finding antiquities that the public authorities know nothing about, and consequently the possibility of smuggling and selling them, denying archaeologists the opportunity to study what is being discovered, and that many of those who ransack legally and possess a license They do not do so scientifically, leading to the destruction of the antiquities that are discovered.

the study is comparatively between Islamic jurisprudence and Algerian law, and in this to highlight the position of the Islamic jurisprudence of the protection of antiquities, And the excavation of them without a license in particular, and a indication of Algeria 's progress in protecting cultural heritage and measuring its effectiveness, especially after the constitutionality of this protection for the first time in the Constitutional Amendment of 2016.

The research was divided into two sections, it touched them, respectively, the terms of research, the crime elements of the Unauthorized prospecting of the ruins, and finally a conclusion include the most important results and recommendations of the study.