عفو المجني عليه عن عقوبة السرقة و أثره : دراسة مقارنة في التشريع الجنائي الإسلامي و التشريع الجزائي الجزائري

الملخص EN

The victim's pardon in the punishment for theft has a significant effect; In Islamic jurisprudence, it sometimes prevents the case of theft from reaching the judiciary.

At other times it prevents the application of the punishment, and the laws differ in this capacity.

Islamic criminal legislation considered the victim to be the one who was stolen from him, and thus theft is an assault on a private right before the case reaches the judiciary, and after its arrival turns into an assault on a public right in which the public right prevails over the private rightAnd the Algerian Penal Code considered the state as the representative of the group as the victim, and this difference yielded different resultsIslamic jurisprudence with its realism is an example of legislation that is in fact a haven for the people of justice He did not abrogate the right of the stolen person - the victim directly - to pardon, but rather granted him the right to pardon the thief, but at a time that does not exceed him.

If the theft victim does not pardon the thief, then the punishment becomes a right for the state, and it is inevitable that it will carry out its conditions.

Algerian penal legislation is too idealistic, to abrogate the right stolen from him to pardon the thief.

And considering that the crime of theft fall on the whole society