جريمة الاستيلاء على الإرث بين التشريع و الاجتهاد القضائي

Abstract

This study examined the crime of inheritance appropriation in Algerian legislation and the role of judicial jurisprudence in combating it and protecting heirs' rights. It aimed to clarify the concept of this crime, its various forms, its legal elements, and the penalties prescribed under the Algerian Penal Code, particularly Article 363. The study also distinguished this offense from similar crimes such as theft, fraud, and embezzlement, while highlighting its most common forms, including unlawful possession of inheritance property, forgery, refusal to divide the estate, and false claims of a will. The descriptive and analytical approaches were adopted through the analysis of legal texts and judicial decisions related to the subject. The study concluded that Algerian legislation provides criminal protection for heirs' rights; however, the effectiveness of such protection depends on the proper application of legal provisions and the promotion of legal awareness to reduce inheritance-related disputes.