جريمة الامتناع عن تسليم قاصر مخالفة لحكم قضائي على ضوء المادة 328 من قانون العقوبات الجزائري

Abstract EN

Divorce in Islam is an abomination due to the devastating repercussions it has, particularly on children.

Although the court ruling entrust their custody to the worthy persons, it is often violated by parents who in from extraditing the child to the eligible party for the custody as a sort of revenge.

By virtue of what preceeds, the Algerian legislator has granted a criminal protection to the child subject to custody, even in the face of his parents and relatives, when one of them refuses to extradite him to a custodian.

For this reason, the crime of refusing to extradite a minor contravenes a court order, which reinforces the principle of protecting the interests of the child subject to custody on one hand, and ensures the respect of court orders on another hand.

This article explains how the legislator dealt with this crime in light of Article 328 of the Penal Code.