البناء القانوني لجريمة التقاط الصورة و نشرها في التشريع الجزائري و الفرنسي : دراسة موضوعية إجرائية مقارنة

الملخص EN

The human right in his image is considered one of the most sincere personal rights, as it relates to his physical entity, and the moral considerations that the person concerned wishes to keep for himself and the prohibition of capturing or broadcasting it to others except with his consent.

in the face of the terrible development of means of communication and the wide spread of cameras and camera devices installed in smart phones, through which it is possible to capture, receive and send a number of images, this right has become threatened by violation, and what is hidden to the owner of the image.

however, the protection of the right to the image raised a number of legal problems when enacting the provisions of the penal code criminalizing the act of violation, among which was the meaning of the term “private place”, which sparked controversy that resulted in different court rulings.

we also find that the punitive policy in Algerian and foreign legislation has approved extensive criminal protection for the right to image, by balancing the public right and the right of the victim, by criminalizing the act of attempt, and considering the consent of the victim a reason for interrupting the course of the public case.