المقتضيات الجزائية لمواجهة المسافر الخفي في القانون البحري الجزائري

الملخص EN

Illegal infiltration of ships is the first form of criminalization of illegal immigration in Algeria.

The article 545 of the Maritime Law criminalizes and punishes this act from 1998.

However, after the introduction of Article 175 bis 01 in the amendment of the Penal Code in 2009, which penalizes Upon the illegal departure of the national territory, including the crossing of the maritime border, the fact that the crime of hidden sneaking remains in the provisions of the Maritime Law is useless, as the Algerian legislator by promulgating the Law 09-01 amending the Penal Code has reorganized the subject of illegal immigration In line with the Convention's obligations to the State, in addition to the overlap and conflict between the Organization and the texts of the same subject in terms of description and criminal sanctions.

this research aims to shed the light on the problems of the conflicting dual criminality and sanctions, both for the traveler hidden or partners, in both maritime law and the Penal Code.