جريمة التعدي على الملكية العقارية

الملخص EN

Article 386 of the penal code stipulates the crime of trespassing on real estate property and specifies its physical corner in extracting a property owned by others through pornography and fraud, and clearly indicates that the act of expropriation is on real estate ownership, i.e.

the legislator assumed that the victim was the owner of the abused property, thus removing the legal possession of the property from the penal protection provided by the penal code, especially in the absence of a special provision criminalizing the assault on possession, in article 386, the legislator also linked the act of extraction to the pursuit of pornography and fraud, which is difficult to imagine in the seizure of the property, as opposed to the transferable, and because of the problems created by this article when applied, the Algerian judiciary intervened by reporting several readings of it, which amounted to the creation of elements in the physical corner that were not provided for by the legislation and reached many times to issue contradictory decisions and then developed its view of the crime of infringement of real property and reviewed what the practice of the case, which lasted for several years, has been established yrs.