Life Imprisonment for Treason Crimes and No Tolerance for Publishers of Secret Documents

The Government is moving towards approving life imprisonment for anyone involved in crimes of national treason and leaking confidential information or documents related to security, defense and national economy, according to what is included in the new draft Penal Code on the table of the National People’s Assembly.
The preliminary report on the text of the amended draft penal code included the inclusion of a new article 63 bis, which stipulates that Algerian perpetrators of treason will be punished for leaking confidential information or documents related to security, national defense, or the national economy through social media for the benefit of a foreign state or one of its agents. The article reads as follows: The report seen by Al-Shorouk reads as follows: “Any Algerian who leaks confidential information or documents in the interest of security, national defense or the national economy via social media for the benefit of a foreign state or one of its agents shall be considered to have committed the crime of treason and shall be punished by life imprisonment.”
The committee also proposed another article entitled 63 bis 1, which stipulates that anyone who leaks confidential information or documents related to security, national defense, or the national economy through social media with the intention of harming the interests of the Algerian state and its institutions shall be punished. Article bis 1 is worded as follows: “Anyone who leaks confidential information or documents relating to security, national defense or the national economy via social media with the intention of harming the interests of the Algerian state or the stability of its institutions shall be punished by temporary imprisonment of 20 to 30 years.
The draft, which was redrafted for the second time in a row following MPs’ reservations about the way it was presented for discussion in the previous parliamentary session, stressed the importance of increasing the punishment with regard to Article 75, which was amended by increasing the punishment and imposing a financial fine: “The penalty shall be a term of imprisonment of 5 to 10 years and a fine, of Up to one million Algerian dinars.” Whoever, in time of peace, contributes to a project aimed at weakening the morale of the People’s National Army or any other corps, has the purpose of harming national defense or security and knows it.
The Committee also proposed to amend the text of Article 111 by increasing the penalty of imprisonment and adding a penalty of a fine for the judge or judicial police officer who conducts an investigation or issues a verdict against a person enjoying immunity while knowing, issuing an order or verdict, or committing the crime without first obtaining a waiver. Immunity according to the legal conditions.
On the other hand, the Committee reached a consensus formula regarding the controversial article 40, proposing an amendment to the text of a new article 149 bis 24, since this article aims to enshrine legal protection for members of the public force in the event that, during or on the occasion of the performance of their duties, they commit acts to put an end to the crime proven by the investigation. Judicial authority and its legitimacy.
The article reads as follows “Acts committed by members of the public force during or on the occasion of the exercise of their duties to put an end to the crime shall be considered justified if the investigation conducted by the judicial authority leads to the proof of the existence of elements of legitimate defense in accordance with the provisions of Article 40 of this law, which establishes that it falls within the cases of necessity for legitimate defense: Killing, wounding, or beating committed to prevent an attack on the life or physical safety of a person, or to prevent the climbing of barriers, walls, or entrances to houses or inhabited places and their appurtenances, or the breaking of any of them during the night, and the act committed to defend oneself or others. Against those who commit theft or robbery by force.
Regarding the crimes of witchcraft and sorcery, the law has increased the penalties for the perpetrators of these acts, as amended Article 303 bis 42 stipulates: “Anyone who takes up witchcraft and sorcery as a profession or practices any of its activities for the purpose of obtaining a material or moral benefit.
The penalty is 3 to 7 years imprisonment if the magic or sorcery causes physical or moral harm, unless the act constitutes a more serious crime. Magic and sorcery, as defined in the article, are intended to create hope or fear in the occurrence of an accident or other imaginary event through the illusion of imaginary power or authority. Magic and sorcery are acts of divination and prediction of the unseen.