مجلة البحث القانوني والسياسي

الإطار العقابي لظاهرة الهجرة غير الشرعية في التشريع الجزائري

Auteurs : عبد الحميد عائشة .

Résumé

In the legal vacuum dealing with the phenomenon of illegal immigration in Algerian legislation, deterrent penalties had to be imposed and the provisions of maritime law 05-08 were applied under article 345, which punished nine months' imprisonment to five years' imprisonment and a fine. However, this is not enough to contain the phenomenon, and several criticisms have been made and the Algerian state has therefore taken it upon itself to enact a law specifying the nature of the sanctions directed at this phenomenon, which was presented by the Council of Ministers on 01 September 2008, which stated article 175 bis 1 in Section VIII in Chapter 5 of Title I in Part II and crimes against laws and regulations relating to the national soil of Law No. 01-09, dated 25 February 2009. The Algerian legislator placed the act of illegal immigration in the ranks of misdemeanours and individuals with two types of punishments, one physical: imprisonment from two to six months, and the second finance-ial, namely the fine.

Mots clés

Migrant smuggling ; Organized crime ; Countries ; the border ; Algeria ; The phenomenon of illegal immigration