مكافحة العنف الزوجي في القانون الجزائري بين التجريم و فكرة الحق في التأديب

الملخص EN

Since the Algerian legislator intervened in 2015 to amend the Penal Code under Law 15/19, which added two articles (266 bis and 1 bis) specifically intended to criminalize forms of violence between spouses, this amendment shouted a real problem regarding the criterion of distinction between blows considered as violence and others that are part of an already existing right under the family code inspired by its entirety of shariaa in this case the right of correction .Despite the removal of the requirement to obey the wife after the amendment of the Code in 2005, still remains Article 222 of the Family Code, which refers to the application of the Islamic law in the absence of text, this text still justifies the existence of right of correction according to some writers as long as it is not cancelled by a clear text.

Our research will be an analytical study of the criminal provisions relating to domestic violence, on the one hand, as well as the concept of the right of correction as the reason for the lawfulness of violence, on the other, because I think it is necessary to find a clear and precise criterion to distinguish them, especially since the Algerian legislator did not refer to any exception.