المجلة الجزائرية للأمن والتنمية
Volume 15, Numéro 2, Pages 447-461
2026-07-01
Criminalizing Forgery And The Use Of Forged Documents In Light Of The Principle Of Legality In Criminal Law, According To The 2020 Algerian Constitutional Amendment
Authors : Zaoui Ahmed .
Abstract
This research aims to study the constitutional basis for criminalizing acts of forgery and the use of forged documents in Algerian legislation, considering them as crimes that affect public trust and national interest. The legislator based this on well-established constitutional principles, foremost among them the principle of criminal legality stipulated in Article 43 of the Constitution, which affirms that there is no crime or punishment except by law, in addition to the constitutional foundations that give this criminalization the character of legitimacy, to ensure justice and equality before the law. However, the development of digital forms of forgery necessitates updating the legislative framework in accordance with technological developments, which was embodied in the enactment of Law No. 24-02 relating to combating forgery and the use of forged documents. The Constitution constitutes the supreme reference in determining the limits of criminalization and punishment, and constitutional review is an effective mechanism to ensure that penal texts do not exceed constitutional principles
Keywords
Forgery, Use of the forged, criminal legitimacy, Public trust, Constitutional justice.
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