الآليات القانونية لحماية أطفال الشوارع (في التشريع الجزائري)‎

الملخص EN

In accordance with Article 196 of the Algerian Penal Code, homelessness is considered a misdemeanor punishable by one to six months imprisonment when committed by an adult person and criminally responsible .Because a child who commits a crime punishable under the Penal Code is a delinquent but not a criminal.

Such a child، according to what is stipulated in Article 49 of the Penal Code is subject to discipline and protection measures.

However، according to the same Irregularities Code، the child is subject to reprimand، whereas the same Article states that should be taken some education and protection measures or reduced sentences against the minor delinquent who reached the age of between 13 and 18 years old.

From the texts mentioned above، one may wonder how did the Algerian Legislator handle the case of a child who has taken the street as his shelter .Is he a child at risk or a juvenile offender? To answer this question، one should refer to the provisions of the Penal Code which explicitly state in Article 196 bis “With respect to the violations stipulated in the articles mentioned above،” “are not taken against juveniles who have not attained eighteen، only protection and discipline measures.”However، relying on the above texts، one can consider “the street child” a special case because he is a juvenile offender and a juvenile at risk which calls for protection and special treatment to ensure rehabilitation and prevention fro