الأعذار القانونية و الظروف المخففة للعقوبة في قانون العقوبات الجزائري

Abstract EN

This article deals with the legal excuses and the extenuating circumstances of punishment in the Algerian Penal Code where the two concepts overlap in a set of features, and differ in others.

This article is divided into two sections; the first section deals with Article 52 of the Algerian Penal Code on excuses analytically.

It defines excuses and states their conditions, features and situations.

The second section deals with Article 53 of the same code on mitigating circumstances analytically as well.

It defines mitigating conditions and states their conditions.

Finally, it concludes with the most important elements that distinguish extenuating circumstances from legal excuses.

It also shows the limits of the judge's discretionary power in considering the mitigating circumstance and how to mitigate.