The Legal Protection of the Newborn Children Against the Crime of Murder in Algerian Legislation

Abstract

The Algerian legislator, pursuant to Articles 259 and 261 of the Penal Code No. 24-06 of 28 of April 2024, criminalizes the killing of a newborn child and subjects it to the death penalty. As an exception to this, the mother benefits from a special mitigating provision under which the death penalty is replaced by a fixed-term imprisonment, in consideration of her biological and psychological circumstances. By contrast, the father or any other person who assists or participates in the commission of the offence is subject to the original penalty without mitigation, regardless of their motives.