الحماية الجزائية للملكية العقارية على ضوء أحكام المادة 386 عقوبات جزائري

Abstract EN

The divergence of translation of article 386 from penal law from French to Arabic gave rise to inconsistency in the jurisprudence regarding the expression mentioned in the text namely: “dispossesses by stealth or by fraud, a real estate property of a third party”.

In the first jurisprudences, the Supreme Court required the issuance of a final civil judgment ordering the evacuation of the property with the necessity to execute this judgment, then the same transgressor takes over the premises once again, so that the elements forming the crime can be fulfilled.

However the Supreme Court retreated recently from this jurisprudence and it is no more requiring the necessity to have a final civil judgment.

The ence of a firm definition of the terms “stealth” and “fraud”, gave rise to inconsistency in the court judgments and decisions for a long time prior to the issuance of the jurisprudence of the Supreme Court which unified the jurisprudences.