Les membres du Conseil de la Nation ont adopté, jeudi à Alger, le projet de loi relatif à la protection et la lutte contre les crimes d’enlèvement, en séance plénière présidée par le Président du Conseil par intérim, Salah Goudjil, en présence de la ministre des Relations avec le Parlement, Besma Azouar.
S’exprimant à l’issue de l’adoption, Mme Azouar a indiqué dans une allocution lue au nom du ministre de la Justice, Garde des Sceaux, Belkacem Zeghmati, que ce texte se veut un “jalon” qui s’ajoute à l’arsenal juridique à même de freiner cette forme de criminalité “étrangère” à la société algérienne.
Le texte de loi qui prévoit des peines sévères allant jusqu’à la perpétuité ou la peine capitale, vise, selon Mme Besma, à “adapter de manière continue la législation nationale à l’évolution des formes de crimes d’enlèvement”.
Elaboré en 54 articles, le texte de loi précise les circonstances aggravantes qui sont liées à “la qualité de l’auteur ou de la victime”, ainsi que les excuses absolutoires et les circonstances atténuantes induisant une suppression ou l’allégement de la peine, s’il est mis fin délibérément à l’enlèvement.
Concernant les peines durcies que prévoit le texte de loi, “l’ensemble des peines énoncées sont à caractère pénal”. Dans le cas de d’enlèvement d’enfant, le législateur a “prévu deux peines: la perpétuité ou la peine capitale”.
Les mesures coercitives ne s’arrêtent pas là, selon le texte, puisqu’elles vont jusqu’à priver les auteurs de ce genre de crimes de bénéficier des circonstances atténuantes et de bénéficier d’une adaptation de la peine.
Cette loi ne permet pas aux auteurs de ces crimes de bénéficier des circonstances atténuantes, notamment si ces crimes sont perpétrés contre des enfants, en cas de recours à la torture, à la violence sexuelle ou à la demande de rançon.
Ladite Loi prévoit la possibilité pour le Parquet général de déclencher systématiquement l’action publique même en l’absence de plainte.
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