Privacy of the Provisions Related to Customs Offences in Algerian Legislation: A Reading between Act and Effect

Abstract

Customs crime is a special category of offence in Algerian legislation due to its subject matter (the movement of goods and people), the means used to commit it and the customs territory in which it occurs. It is also tied to state security and stability, making it necessary to establish legal controls aimed at protecting the national economy, ensuring the proper functioning of commercial exchanges and safeguarding public funds. 

The Algerian legislator has therefore devoted distinctive legal provisions to customs offences, whether regarding the criminal act itself — its description and classification — or regarding its effects: penalties. These penalties combine criminal, financial and administrative characteristics, reflecting the specific nature of customs offences compared to ordinary crimes. 

A reading of the special provisions governing customs offences in Algerian legislation therefore shows the intention of the legislator to reinforce legal protection for the customs sphere while taking into account what has been established in overlapping areas by other domestic legislations.