جريمة تجاوز السلطة في قانون العقوبات الجزائري

Abstract

This study aims to shed light on the concept of abuse of power by examining its legal foundation and its legal nature as an offence, as well as analyzing its different forms and the sanctions provided for it under Algerian legislation. The study is based on the importance of the principle of legality, which represents the cornerstone governing administrative action and defining the limits of administrative authority. Any deviation from this principle leads to the violation of individuals’ rights and disrupts the balance between the different state authorities. The study adopts the descriptive and analytical method, by describing the legal phenomenon under examination and analyzing the relevant legal texts in Algerian law, while also referring to judicial decisions whenever possible, in order to better understand the forms of abuse of power and determine their legal consequences accurately. The study also addresses the main forms of abuse of power, such as the administration’s encroachment upon judicial authority and the violation of the inviolability of the home, while clarifying the legal framework that criminalizes such acts and determines the resulting liability, whether administrative, civil, or criminal. It further examines the system of penalties, including principal, supplementary, and accessory sanctions, applicable to both natural and legal persons, and highlights the essential role of the administrative judiciary in reviewing the legality of administrative decisions through actions for abuse of power and the annulment of unlawful administrative acts. The study concludes with several key findings, the most important of which are that the principle of legality is the fundamental basis for regulating administrative activity, that abuse of power appears in various forms affecting judicial competence or fundamental rights and freedoms, that the Algerian legislator has established a comprehensive legal framework to combat this phenomenon, and that the administrative judiciary plays an effective role in controlling administrative actions through judicial review. However, the effectiveness of this protection depends largely on the proper application of legal provisions and the strengthening of administrative and judicial oversight