الإشكالات النظرية و العملية لجريمة الاغتصاب في التشريع الجزائري و التشريعات المقارنة

Abstract EN

This research paper aims to shed light on the most important theoretical and practical problems raised by the crime of rape, mainly resulting from the failure of the Algerian legislature to adopt an explicit position on the definition of this crime, compared to the comparative Arab legislation, most of which agree that the crime of rape is the intercourse of a man with a woman in her vagina without her consent.

this is in contrast to the French legislator, who expanded the scope of this crime.

after analyzing the most important details of the crime of rape in three main axes, the research concluded a set of results, the most important of which was the fluctuation in the position of the Algerian legislator regarding defining the features of the crime of rape, and his insistence on not providing a clear definition despite the amendments made by the legislator to the text of article 336 of the penal code.

the penalty for this crime has not been increased compared to Arab legislation, despite the serious psychological and social damages resulting from this serious crime.