مظاهر الحماية الجزائية للأسرة في القانون الجزائري

Abstract EN

The penal legislator, as stated in the texts, takes fundamental account of the element of the family, hence his interest in it, and that of the fact that the family is a domain of the lawless.

Family relationships are vulnerable to influences, and the legislator takes them as they are and crystallizes them in the form of perjury, criminalization, dilution or hardening.

Family crimes are numerous and different, but the study was limited to some of them, such as violence against women, family murder, domestic violence, incest, infidelity and the phenomenon of the violence of the descendants on the ascendants and vice versa.

In the face of this diversity of offences, the question asked is how can the family benefit from criminal regulation when it is characterized by a framework that is difficult to limit and control? And how does her criminal protection find place when she is both a contributor and an obstacle to punishment? By virtue of the fact that the Penal Code adopts a certain policy that acts in two respects, flexibility and rigour; the first, essential to protect the bonds of the family to break, and the second, necessary to preserve the community.

Thus, it is clear that the Penal Code in the area of the family is characterized by its flexibility, sometimes rigorous, sometimes relentless, it sometimes broadens the protection of the family as it shrinks it because of the related family intimacy.