الحماية الجزائية للماء والأوساط البيئية المائية في التشريع الجزائري

الملخص EN

The aquatic environment in Algeria and the world is experiencing unprecedented pollution, reaching unacceptable levels.

in order to reduce its devastating effects and thus deter environmental crime, experts in international law have worked on the most effective legal instruments and tools through the development of international legal mechanisms and rules that have served as an essential reference for states in the development of their environmental policies and environmental codes and laws in support of civil texts.

the Algerian legislator has tried to keep pace with the evolution of international law by adopting new laws and amending criminal law and at the same time adapting to different national and international contexts.

several environmental laws have been adopted relating to various aspects and elements since 1962 to the present day.

law NO.

83.03 on environmental protection is the first framework law which, in 2003, replaced by law NO.

03.10 with the aim of ensuring maximum protection of the environment, drawing its principles, from the rules of international law and certain comparative legislation.

however, there are gaps and difficulties of implementation faced by national judicial actors, due to the difficulties of reconciling international obligations and the imperatives of national development, which justifies the flexibility and sometimes the inaccuracy of certain rules of a doctrinal and procedural nature as well as the proof of the elements of aquatic crime, known for its complexity.