جريمة الوشاية الكاذبة بين النص القانوني والاجتهاد القضائي

Abstract EN

The Algerian legislator has regulated the provisions of the crime of false slander in the text of article 300 of the penal code in an “incomplete” manner that is shrouded in “ambiguity and imprecision” regarding its pillars and prerequisites, which opened the way for the supreme court to deviate from the text of the article in many of its decisions related to this crime at the expense of the principle of criminal legitimacy.

consequently, it is very necessary for the Algerian legislator to amend the text of this article in a manner consistent with what the supreme court has settled on and what is agreed upon in its jurisprudence.