جريمة التزوير في المحررات الرسمية من الضابط العمومي

Abstract

This crime is characterized as a felony, with penalties differing based on the status of the perpetrator, whether a public official or an ordinary person. The penalty for public officials is notably harsher compared to that of ordinary individuals. It is evident that this crime has directly benefited from recent amendments to the Penal Code, and indirectly from the definition of a public official as a principal actor in this crime, according to Law No. 01/06 dated February 20, 2006, concerning the prevention and fight against corruption. Given that the definition of a public official in the criminal context includes judges and all individuals working in public service, it is necessary for the legislator to amend Articles 214 and 215 of the Penal Code by removing the terms "judge" and "public office holder." In the context of criminal prosecutions, the Algerian legislator has briefly and unclearly defined the provisions regarding incidental forgery, leading to several unresolved legal issues. These provisions lack precision, necessitating a reference to the provisions concerning the civil incidental claim of forgery according to the Code of Civil Procedure.