جريمة التعدي على الملكية العقارية الخاصة

Abstract EN

If the private real estate property is the conductance and the right to enjoy this real estate and its subsequent rights in order to use this property according to its nature or purpose, but the practice requires sufficient guarantees to protect this right especially as a constitutionally protected rights which is supposed to be followed by the Algerian legislator after the adoption of the capitalist system which.

based on the sanctification of private property, but with the civil protection of private property and all the guarantees that confirmed by the legislator, the infringement on this property has increased and it must be protected by the civil and criminal laws integration,and the imposition of the criminalization of infringement.We see that through a single general article in t the Algerian penal code (article number 386),this is the most controversial - juristic & judicial-legal texts due to his defective translation.

From this point this study aims to clarify the crime of infringement on the private real estate property and its procedural provisions according to the jurisprudence which defines the application and the scope of the legal text ,and does it include the infringement of possession or is limited only on Cases of infringement of property by official document.