Pensées Genre, Penser Autrement (Dec 2024)

Criminal Protection of Cultural Heritage in Algerian Legislation

  • Soula NACER,
  • Badraddine LAIFAOUI

DOI
https://doi.org/10.60842/RASS-PGPA.08.VOL.4.N3.2024
Journal volume & issue
Vol. 4, no. 3
pp. 108 – 123

Abstract

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This paper examines the criminal protection of Algeria's cultural heritage, focusing on the adequacy of legal provisions. Algeria’s cultural heritage, protected by the 2020 constitutional amendment (Article 76/3), is a non-renewable resource vital to its identity. The study reviews Law No. 98/04 and related laws, highlighting weak penalties and frequent violations, with impunity prevailing. Although crimes against cultural heritage are criminalized, the law lacks provisions on theft and smuggling, limiting its effectiveness. The paper concludes that stronger legal protection and harsher penalties are needed to address these challenges.

Keywords