L’atténuation de la peine de l’époux provoqué par l’adultère de son conjoint en droit Algérien

Abstract FRE

The psychological factor has played an important role in tightening and mitigating criminal penalties, since every criminal is punished according to his circumstances .the excuse of provocation under the article 279 of the Penal code is a legal excuse that reduces the penalty of the offender, given to the situation of the betrayed spouse when surprised by the adultery of his spouse, He hits and wounds and even kills in retaliation for his honor, and because the Algerian legislator does not consider the defense of honor as a reason of permissibility ,and in consideration of the justified state of emotion and anger of the deceived spouse, the legislator had to ease the penalties of murder and beatings and wounds due to the psychological state of the offender , because his will was incomplete in consideration of the provocation he had been subjected to ,Thus, we raised the following problematic : What is the position of the Algerian legislator and judiciary on the excuse of provocation caused by the case of adultery with regard to the penalties for murder, beating and wounding?,